chapter 36 · 36.05 university of wisconsin system updated 15−16 wis. stats. 2 updated 2015−16...

UNIVERSITY OF WISCONSIN SYSTEM 36.051 Updated 15−16 Wis. Stats.

Updated 2015−16 Wis. Stats. Published and certified under s. 35.18. September 5, 2018.

2015−16 Wisconsin Statutes updated through 2017 Wis. Act 367 and all Supreme Court and Controlled Substances BoardOrders effective on or before September 5, 2018. Published and certified under s. 35.18. Changes effective after September5, 2018 are designated by NOTES. (Published 9−5−18)

CHAPTER 36

UNIVERSITY OF WISCONSIN SYSTEM

36.01 Statement of purpose and mission.36.03 System.36.05 Definitions.36.07 Corporate title, officers, meetings, records.36.09 Responsibilities.36.11 Powers and duties of the board of regents.36.112 Performance funding; innovation fund.36.115 Personnel systems.36.12 Student discrimination prohibited.36.14 Wisconsin distinguished professorships.36.15 Academic staff appointments.36.17 Limited appointments.36.19 Other appointments.36.21 Termination due to certain budget or program changes.36.22 Layoff or termination of faculty member due to certain budget or program

changes.36.23 Conflict of interest.36.25 Special programs.36.27 Tuition.36.29 Gifts; golf course.36.30 Sick leave.36.31 Coordination with other educational agencies; credit for military educa-

tion.36.32 Student identification numbers.36.33 Agricultural lands.36.335 Sale of other land; buildings and structures.

36.34 Minority student programs.36.35 Misconduct; campus security.36.36 Grants for study abroad.36.37 Downer Woods and buildings preservation.36.40 Use of animals for research purposes.36.43 Accommodation of religious beliefs.36.44 License plate scholarship programs.36.45 Research funding.36.48 Alcohol and other drug abuse prevention and intervention programs.36.49 Environmental program grants and scholarships; Wisconsin Merit scholar-

ships.36.51 Nutritional improvement for elderly.36.52 Reimbursement of pay supplements.36.55 Reporting employment harassment and discrimination claims.36.56 Grants for forestry cooperatives.36.58 Veterinary diagnostic laboratory.36.585 Telecommunications and information technology services.36.59 Information technology.36.60 Physician and dentist loan assistance program.36.61 Health care provider loan assistance program.36.62 Rural health development council.36.63 Rural physician residency assistance program.36.64 Office of educational opportunity.36.65 Annual reports.36.66 Grants to meet emergency financial need.36.68 The Tommy G. Thompson Center on Public Leadership.

Cross−reference: See also UWS, Wis. adm. code.

36.01 Statement of purpose and mission. (1) The legis-lature finds it in the public interest to provide a system of highereducation which enables students of all ages, backgrounds andlevels of income to participate in the search for knowledge andindividual development; which stresses undergraduate teachingas its main priority; which offers selected professional graduateand research programs with emphasis on state and national needs;which fosters diversity of educational opportunity; which pro-motes service to the public; which makes effective and efficientuse of human and physical resources; which functions coopera-tively with other educational institutions and systems; and whichpromotes internal coordination and the wisest possible use ofresources.

(2) The mission of the system is to develop human resources,to discover and disseminate knowledge, to extend knowledge andits application beyond the boundaries of its campuses and to serveand stimulate society by developing in students heightened intel-lectual, cultural and humane sensitivities, scientific, professionaland technological expertise and a sense of purpose. Inherent inthis broad mission are methods of instruction, research, extendedtraining and public service designed to educate people andimprove the human condition. Basic to every purpose of the sys-tem is the search for truth.

History: 1973 c. 335.

36.03 System. There is created in this state a system of insti-tutions of learning to be known as the University of WisconsinSystem. The principal office and one university of the systemshall be located at or near the seat of state government.

History: 1973 c. 335.

36.05 Definitions. In this chapter:

(1) “Academic staff” means professional and administrativepersonnel with duties, and subject to types of appointments, thatare primarily associated with higher education institutions or theiradministration.

(2) “Board of regents” or “board” means the board of regentsof the University of Wisconsin System.

(3) “Campus” means the publicly owned or leased buildingsand grounds which comprise all or part of an institution or theextension.

(5) “Chancellor” means the chief executive of an institution.

(6m) “College campus” means any one of the 2−year colle-giate campuses of the system.

(7) “Extension” means the community outreach, public ser-vice and extension services of the system.

(8) “Faculty” means persons who hold the rank of professor,associate professor, assistant professor or instructor in an aca-demic department or its functional equivalent in an institution andsuch academic staff as may be designated by the chancellor andfaculty of the institution.

(9) “Institution” means any university or an organizationalequivalent designated by the board and the University of Wiscon-sin colleges.

(9m) “Instructional academic staff” means academic staffmembers with teaching responsibilities.

(9s) “Mainframe” means a large scale, central computermaintained by the board for multipurpose functions.

(10) “President” means the chief executive of the system.

(11) “Student” means any person who is registered for studyin any institution for the current academic period. For the purposeof administering particular programs or functions involving stu-dents, the board shall promulgate rules defining continuation ortermination of student status during periods between academicperiods.

(12) “System” means the University of Wisconsin System.

(13) “University” means any baccalaureate or graduatedegree granting institution.

(14) “University of Wisconsin Colleges” means the collegecampuses as a whole.

(15) “University staff” means all employees of the systemother than faculty, academic staff, persons whose employment is

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a necessary part of their training, student assistants, and studenthourly help.

History: 1973 c. 335; 1985 a. 332 s. 251 (3); 1989 a. 31, 67; 1991 a. 39; 1995 a.27; 1997 a. 237; 2015 a. 55, 199.

36.07 Corporate title, officers, meetings, records.(1) CORPORATE STATUS AND TITLE. The board and their successorsin office shall constitute a body corporate by the name of “Boardof Regents of the University of Wisconsin System”.

(2) SECRETARY. The board shall appoint a secretary of theboard who shall keep a faithful record of all its transactions.

(4) MEETINGS, TIMES, NOTICE. The times for holding the regu-lar annual meeting and such other meetings as are required, andthe manner of providing notice for such meetings, shall be deter-mined by the board’s bylaws.

(5) ACCESS TO THE BOARD. The board shall provide in its oper-ating policies for access to the board by the public, faculty, stu-dents and chancellors.

(6) MEETINGS AND RECORDS PUBLIC. The board meetings shallbe open and all records of such meetings and of all proceedingsof the board shall be open to inspection in accordance with subchs.II and V of ch. 19.

History: 1973 c. 335; 1975 c. 426 s. 3; 1981 c. 335 s. 26; 1991 a. 39; 2015 a. 55.

36.09 Responsibilities. (1) THE BOARD OF REGENTS. (a)The primary responsibility for governance of the system shall bevested in the board which shall enact policies and promulgaterules for governing the system, plan for the future needs of thestate for university education, ensure the diversity of qualityundergraduate programs while preserving the strength of thestate’s graduate training and research centers and promote thewidest degree of institutional autonomy within the controllinglimits of system−wide policies and priorities established by theboard.

Cross−reference: See also UWS, Wis. adm. code.

(am) The board, in consultation with the Wisconsin EconomicDevelopment Corporation, shall do all of the following for eacheconomic development program, as defined in s. 36.11 (29r) (a),administered by the board:

1. Establish clear and measurable goals for the program thatare tied to statutory policy objectives.

2. Establish at least one quantifiable benchmark for each pro-gram goal described in subd. 1.

3. Require that each recipient of a grant or loan under the pro-gram submit a report to the board. Each contract with a recipientof a grant or loan under the program shall specify the frequencyand format of the report to be submitted to the board and the per-formance measures to be included in the report.

4. Establish a method for evaluating the projected results ofthe program with actual outcomes as determined by evaluating theinformation described in subds. 1. and 2.

5. Annually and independently verify, from a sample of grantsand loans, the accuracy of the information required to be reportedunder subd. 3.

6. Establish by rule a requirement that the recipient of a grantor loan under the program of at least $100,000 submit to the boarda verified statement signed by both an independent certified pub-lic accountant licensed or certified under ch. 442 and the directoror principal officer of the recipient to attest to the accuracy of theverified statement, and make available for inspection the docu-ments supporting the verified statement. The board shall includethe requirement established by rule under this subdivision in thecontract entered into by a grant or loan recipient.

7. Establish by rule policies and procedures permitting theboard to do all of the following if a recipient of a grant or loan ortax benefits under the program submits false or misleading infor-mation to the board or fails to comply with the terms of a contractentered into with the board under the program and fails to provideto the satisfaction of the board an explanation for the noncom-pliance:

a. Recoup payments made to the recipient.

b. Withhold payments to be made to the recipient.

c. Impose a forfeiture on the recipient.

(b) The board, after public hearing at each institution, shallestablish for each institution a mission statement delineating spe-cific program responsibilities and types of degrees to be granted.

(c) The board shall determine the educational programs to beoffered in the system and may discontinue educational programsas it deems necessary.

(d) The board shall establish policies to guide program activi-ties to ensure that they will be compatible with the missions of theinstitutions of the system. To this end, the board shall make all rea-sonable effort to provide night courses.

(e) Subject to par. (em), the board shall appoint a president ofthe system; a chancellor for each institution; a dean for each col-lege campus; the state geologist; the director of the laboratory ofhygiene; the director of the psychiatric institute; the state cartogra-pher; and the requisite number of officers, other than the vice pres-idents, associate vice presidents, and assistant vice presidents ofthe system; faculty; academic staff; and other employees and fixthe salaries, subject to the limitations under par. (j) and s. 230.12(3) (e), the duties and the term of office for each. The board shallfix the salaries, subject to the limitations under par. (j) and s.230.12 (3) (e), and the duties for each chancellor, vice president,associate vice president, and assistant vice president of the sys-tem. No sectarian or partisan tests or any tests based upon race,religion, national origin, or sex shall ever be allowed or exercisedin the appointment of the employees of the system.

(em) Neither the board nor any institution may adopt any pol-icy or promulgate any rule that requires the board to consider forappointment as president of the system, chancellor, or vice chan-cellor only those individuals who are faculty members of the sys-tem or another institution of higher education, who have beengranted tenure within the system or another institution of highereducation, or who hold the highest level of academic degree in afield of study or profession.

(f) The board shall delegate to each chancellor the necessaryauthority for the administration and operation of the institutionwithin the policies and guidelines established by the board. Theboard may also delegate or rescind other authority to chancellors,committees of the board, administrative officers, members of thefaculty and students or such other groups as it deems appropriate.

(gm) The board shall not create, except as specifically autho-rized by the legislature in each instance, any new college, schoolor its functional equivalent if such college, school or functionalequivalent has academic programs at the graduate or professional,post−baccalaureate level.

1. For the purposes of this paragraph, college or school meansan academic unit below the institutional level but above thedepartmental level, including but not limited to a graduate school,law school, medical school, social work school, architectureschool, business school and a public administration school.

2. For the purposes of this paragraph, a new college or schoolshall be deemed to have been created if an administrative positionof dean or its functional equivalent is established and if a newinstructional program, separate and distinct from the programscurrently available at that institution, is established.

3. This paragraph does not apply to the redesignation or reor-ganization of existing colleges or schools if accomplished throughthe reclassification of existing positions or the restructuring ofexisting organizational entities.

(h) The board shall allocate funds and adopt budgets for therespective institutions giving consideration to the principles ofcomparable budgetary support for similar programs and equitablecompensation for faculty and academic staff with comparabletraining, experience and responsibilities and recognizing compet-itive ability to recruit and retain qualified faculty and academicstaff. If the board ceases or suspends operation of any institutionor college campus, the appropriations to the board for operation



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of the institution or college campus may be utilized by the boardfor any other purpose authorized by the appropriations within theperiod for which the appropriations are made.

(hm) The board shall develop policies for the purpose of spe-cifically identifying the general purpose revenue and nongeneralpurpose revenue funding sources used for noninstructional stu-dent activities and for the purpose of governing the allocation offunds to those noninstructional student activities supported byboth general purpose and nongeneral purpose revenue.

(j) Except where such matters are a subject of bargaining witha certified representative of a collective bargaining unit under s.111.91, the board shall establish salaries for persons prior to July1 of each year for the next fiscal year, and shall designate the effec-tive dates for payment of the new salaries. In the first year of thebiennium, payments of the salaries established for the precedingyear shall be continued until the biennial budget bill is enacted.If the budget is enacted after July 1, payments shall be made fol-lowing enactment of the budget to satisfy the obligations incurredon the effective dates, as designated by the board, for the new sala-ries, subject only to the appropriation of funds by the legislatureand s. 20.928 (3). This paragraph does not limit the authority ofthe board to establish salaries for new appointments. The boardmay not increase the salaries of employees under this paragraphunless the salary increase conforms to the proposal as approvedunder s. 230.12 (3) (e) or the board authorizes the salary increaseto recognize merit, to correct salary inequities under par. (h), tofund job reclassifications or promotions, or to recognize competi-tive factors. The granting of salary increases to recognize compet-itive factors does not obligate inclusion of the annualized amountof the increases in the appropriations under s. 20.285 (1) for subse-quent fiscal bienniums. No later than October 1 of each year, theboard shall report to the joint committee on finance and the secre-tary of administration and administrator of the division of person-nel management in the department of administration concerningthe amounts of any salary increases granted to recognize competi-tive factors, and the institutions at which they are granted, for the12−month period ending on the preceding June 30.

(L) The board shall possess all powers necessary or convenientfor the operation of the system except as limited in this chapter andss. 13.48 (14) (am) and 16.848 (1).

(2) THE PRESIDENT. (a) The president shall be president of allthe faculties and shall be vested with the responsibility of adminis-tering the system under board policies and shall direct a centraladministration which shall assist the board and the president inestablishing system−wide policies in monitoring, reviewing andevaluating these policies, in coordinating program developmentand operation among institutions, in planning the programmatic,financial and physical development of the system, in maintainingfiscal control and compiling and recommending educational pro-grams, operating budgets and building programs for the board.Subject to par. (b), the president shall appoint each senior vicepresident, vice president, associate vice president and assistantvice president of the system. The president shall fix the term ofoffice for each senior vice president, vice president, associate vicepresident and assistant vice president of the system.

(b) The sum of the number of senior vice presidents and vicepresidents of the system that the president may appoint under par.(a) may not exceed 4.

(c) The president shall appoint a special assistant to the presi-dent to serve as the director of the office of educational opportu-nity under s. 36.64. The special assistant serves at the pleasure ofthe president.

(3) THE CHANCELLORS. (a) The chancellors shall be the execu-tive heads of their respective faculties and institutions and shall bevested with the responsibility of administering board policiesunder the coordinating direction of the president and be accounta-ble and report to the president and the board on the operation andadministration of their institutions. Subject to board policy thechancellors of the institutions in consultation with their faculties

shall be responsible for designing curricula and setting degreerequirements; determining academic standards and establishinggrading systems; defining and administering institutional stan-dards for faculty peer evaluation and screening candidates forappointment, promotion and tenure; recommending individualmerit increases; administering associated auxiliary services; andadministering all funds, from whatever source, allocated, gener-ated or intended for use of their institutions.

(b) The chancellor may designate a person as provost, to actas chief executive officer of the institution in the chancellor’sabsence, if the person currently holds a limited appointment asvice chancellor, associate chancellor, assistant chancellor, associ-ate vice chancellor or assistant vice chancellor. The chancellormay not create an additional administrative position for the pur-pose of this paragraph.

(3m) MEANING OF “SUBJECT TO” IN CERTAIN PROVISIONS. Insubs. (4) to (5), “subject to the responsibilities and powers” meanssubordinate to the responsibilities and powers.

(4) FACULTY. The faculty of each institution, subject to theresponsibilities and powers of the board, the president, and thechancellor of such institution, shall have the primary responsibil-ity for advising the chancellor regarding academic and educa-tional activities and faculty personnel matters. The faculty of eachinstitution shall have the right to determine their own faculty orga-nizational structure and to select representatives to participate ininstitutional governance, except that the faculty of each institutionshall ensure that faculty in academic disciplines related to science,technology, engineering, and mathematics are adequately repre-sented in the faculty organizational structure.

(4m) ACADEMIC STAFF. The academic staff members of eachinstitution, subject to the responsibilities and powers of the board,the president, the chancellor, and the faculty of the institution,shall have the primary responsibility for advising the chancellorregarding the formulation and review, and shall be represented inthe development, of all policies and procedures concerning aca-demic staff members, including academic staff personnel matters.The academic staff members of each institution shall have theright to organize themselves in a manner they determine and toselect their representatives to participate in institutional gover-nance.

(5) STUDENTS. The students of each institution or campus sub-ject to the responsibilities and powers of the board, the president,the chancellor, and the faculty shall have primary responsibilityfor advising the chancellor regarding the formulation and reviewof policies concerning student life, services, and interests. Stu-dents in consultation with the chancellor and subject to the finalconfirmation of the board shall have the responsibility for the dis-position of those student fees which constitute substantial supportfor campus student activities. The students of each institution orcampus shall have the right to organize themselves in a mannerthey determine and to select their representatives to participate ininstitutional governance.

History: 1973 c. 335; 1975 c. 39, 224; 1977 c. 196 ss. 130 (1), (2), 131; 1977 c.418; 1979 c. 34 s. 2102 (29) (a); 1981 c. 20 s. 2202 (1) (a); 1983 a. 27 s. 2200 (15);1983 a. 366; 1985 a. 29, 42, 45, 332; 1987 a. 4, 27, 340; 1989 a. 31, 336, 359; 1991a. 39; 1997 a. 27 ss. 1156ad, 9456 (3m); 1997 a. 35, 237, 307; 1999 a. 42; 2001 a. 16,104; 2003 a. 33 ss. 930, 931, 2811, 9160; 2003 a. 48 ss. 10, 11; 2003 a. 206 s. 23; 2003a. 320; 2005 a. 25 ss. 695, 2493; 2007 a. 125; 2009 a. 28; 2011 a. 10, 32; 2013 a. 20ss. 578, 2365m, 9448; 2013 a. 166; 2015 a. 55; 2017 a. 59.

Sub. (5) gives student organizations, rather than the student body, the right to selectrepresentatives to participate in institutional governance. Student Association ofU.W.−Milwaukee v. Baum, 74 Wis. 2d 283, 246 N.W.2d 622 (1976).

Student and faculty voting participation on the Board of Regents is limited to dulyappointed members, but hat does not preclude the board or any committee thereoffrom utilizing groups of nonmembers in advisory capacities. 60 Atty. Gen. 395.

The Board of Regents has no authority to provide a deferred salary plan foremployees other than through the state teachers retirement system or the Wisconsinretirement fund. 61 Atty. Gen. 6.

A ruling by the chancellor of the University of Wisconsin−Eau Claire denying arequest to conduct door−to−door solicitation in residence halls did not violate consti-tutional rights. 61 Atty. Gen. 373.

The leasing of university buildings to a religious congregation during nonschooldays and hours on a temporary basis while the congregation’s existing facility is beingrenovated and leasing convention space to a church conference would not violate the


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separation of church and state provisions of the 1st amendment and Art. I, s. 18. 63Atty. Gen. 374.

Regents should identify how compulsory fees will be used to necessarily and con-veniently further the objects of the university before approving a segregated fee.Regent’s duties are unchanged under sub. (5). 63 Atty. Gen. 385.

The financing of student organizations through mandatory student fees does notviolate the 1st amendment if viewpoint neutrality is the operational principal. Boardof Regents v. Southworth, 529 U.S. 217, 146 L. Ed. 2d 193 (2000).

With one exception, the university’s system, as required by Southworth, for distrib-uting compelled fees collected from university students to student groups that dele-gates funding decisions to the student government was subject to sufficient limits.Southworth v. Board of Regents of the University of Wisconsin System, 307 F.3d 566(2002).

Although the 1st amendment establishment clause of the U.S. constitution neithercompels nor authorizes the University to categorically exclude funding of activitiesrelated to worship, proselytizing, and sectarian religious instruction with segregatedfees, the University may nevertheless be able to exclude some or all of the activitiesto which it objects. The University is free to enact viewpoint neutral rules restrictingaccess to segregated fees, for it may create what is tantamount to a limited publicforum if the principles of viewpoint neutrality are respected. However, beforeexcluding an activity from the segregated fee forum pursuant to a content−based dis-tinction, the University must explain specifically why that particular activity, viewedas a whole, is outside the forum’s purposes. Roman Catholic Foundation v. TheRegents of the University of Wisconsin System, 578 F. Supp. 2d 1121. Affirmed. 620F.3d 775 (2010).

36.11 Powers and duties of the board of regents.(1) PROTECTION OF PEOPLE; CUSTODY AND MANAGEMENT OF PROP-ERTY. (a) The board may promulgate rules under ch. 227 to protectthe lives, health and safety of persons on property under its juris-diction and to protect such property and to prevent obstruction ofthe functions of the system. Any person who violates any rule pro-mulgated under this paragraph may be fined not more than $500or imprisoned not more than 90 days or both.

(b) Except as provided in this paragraph and ss. 13.48 (14)(am) and 16.848 (1), the board may purchase, have custody of,hold, control, possess, lease, grant easements and enjoy any lands,buildings, books, records and all other property of any naturewhich may be necessary and required for the purposes, objects anduses of the system authorized by law. Any lease by the board issubject to the powers of the University of Wisconsin Hospitals andClinics Authority under s. 233.03 (13) and the rights of the author-ity under any lease agreement, as defined in s. 233.01 (6). Theboard shall not permit a facility that would be privately owned oroperated to be constructed on state−owned land without obtainingprior approval of the building commission under s. 13.48 (12).Subject to prior action under s. 13.48 (14) (am) or 16.848 (1), theboard may sell or dispose of such property as provided by law, orany part thereof when in its judgment it is for the best interests ofthe system and the state. All purchases of real property shall besubject to the approval of the building commission. The provisionof all leases of real property to be occupied by the board for useother than for student housing shall be the responsibility of theboard. The provision of all leases of real property to be occupiedby the board for use as student housing shall be the responsibilityof the department of administration under s. 16.84 (5), except forleases in effect on July 14, 2015, regardless of any subsequentextension, modification, or renewal, which shall be the responsi-bility of the board.

(c) The board may promulgate rules under ch. 227 for the man-agement of all property under its jurisdiction, for the care andpreservation thereof and for the promotion and preservation of theorderly operation of the system in any or all of its authorized activ-ities and in any or all of its institutions with forfeitures for theirviolation, which may be sued for and collected in the name of theboard before any court having jurisdiction of such action. Forfei-tures shall not exceed $500.

(cm) The board shall promulgate rules under ch. 227 prescrib-ing the times, places, and manner in which political literature maybe distributed and political campaigning may be conducted instate−owned residence halls. No such rule may authorize anyactivity prohibited under s. 11.1207 (3) or (4).

(d) All fines imposed and collected under this subsection shallbe transmitted to the county treasurer for disposition in accord-ance with s. 59.25 (3) (f) and (j). All forfeitures, including forfei-

tures of posted bail if any, imposed and collected under this sub-section shall be transmitted to the county treasurer for dispositionin accordance with ss. 778.13 and 778.17.

(e) Subject to prior action under s. 13.48 (14) (am) or 16.848(1), the board, with the approval of the building commission, maysell or lease state−owned residence halls to another state agencyor nonstate nonprofit agency for purposes of alternate use.

Cross−reference: See also chs. UWS 18 and 21, Wis. adm. code.

(2) POLICE AUTHORITY. (a) The board shall have concurrentpolice power, with other authorized peace officers, over all prop-erty subject to its jurisdiction, and all property contiguous to suchproperty at the University of Wisconsin−Parkside if owned by anonprofit corporation the primary purpose of which, as deter-mined by the board, is to benefit the system. Such concurrentpolice authority shall not be construed to reduce or lessen theauthority of the police power of the community or communitiesin which a campus may be located. All campus police officersshall cooperate with and be responsive to the local police authori-ties as they meet and exercise their statutory responsibilities. Thedesignated agents of the board may arrest, with or without war-rant, any person on such property who they have reasonablegrounds to believe has violated a state law or any rule promulgatedunder this chapter and deliver such person to any court havingjurisdiction over the violation and execute a complaint chargingsuch person with the violation. This subsection does not impairthe duty of any other peace officers within their jurisdictions toarrest and take before the proper court persons found violating anystate law on such property.

(b) The board may employ police for the institutions and chiefsto head such police, or contract for police, all of whom shall bedeemed peace officers under s. 939.22 (22) under the supervisionand control of the appropriate chancellor or the chancellor’sdesignees. Such police officers shall meet the minimum standardsestablished for other police officers by the law enforcement stan-dards board or a comparable agency. Such police shall preservethe peace on all property described under par. (a), enforce all rulespromulgated under this chapter and all other laws, and for that pur-pose the chancellor or the chancellor’s designee may call for aidfrom such other persons as is deemed necessary.

Cross−reference: See also ch. UWS 18, Wis. adm. code.

(3) ADMISSION OF APPLICANTS. (a) The board shall establishthe policies for admission within the system and within these poli-cies each institution shall establish specific requirements foradmission to its courses of instruction. No sectarian or partisantests or any tests based upon race, religion, national origin of U.S.citizens or sex shall ever be allowed in the admission of studentsthereto.

(b) Subject to s. 36.31 (2m), the board shall establish policiesfor the appropriate transfer of credits between institutions withinthe system, including postsecondary credits earned by a highschool pupil enrolled in a course at an institution within the systemunder the program under s. 118.55. If the board determines thatpostsecondary credits earned by a high school pupil under the pro-gram under s. 118.55 are not transferable under this paragraph, theboard shall permit the individual to take an examination to deter-mine the individual’s competency in the subject area of the courseand, if the individual receives a passing score on the examination,shall award equivalent credits to the individual.

(c) Subject to s. 36.31 (2m), the board may establish policiesfor the appropriate transfer of credits with other educational insti-tutions outside the system, including postsecondary creditsearned by a high school pupil enrolled in a course at an educationalinstitution outside the system through the program under s.118.55. If the board determines that postsecondary credits earnedby a high school pupil under the program under s. 118.55 are nottransferable under this paragraph, the board shall permit the indi-vidual to take an examination to determine the individual’s com-petency in the subject area of the course and, if the individual

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receives a passing score on the examination, shall award equiva-lent credits to the individual.

(cm) The board shall establish and maintain a computer−basedcredit transfer system that shall include, but not be limited to, thefollowing:

1. All transfers of credit between institutions within the sys-tem.

2. Program−specific course requirements in the system.

3. Technical college collegiate transfer program offerings, asdefined in s. 38.01 (3).

4. Other courses for which the transfer of credits is acceptedunder par. (b) or (c).

5. Core general education courses that are subject to theagreement required under s. 36.31 (2m).

(d) Each institution that has any of the following applicantsshall charge a uniform application fee to that group of applicants:

1. Undergraduate applicants.

2. Graduate school applicants.

3. Law school applicants.

4. Medical school applicants.

(4) INJUNCTIVE RELIEF. The board may obtain injunctive reliefto enforce this chapter or any rules promulgated under this chap-ter.

(5) INSURANCE. (a) The board may procure liability insurancecovering the members of the board, any officer, employee, oragent, or such students whose activities may constitute an obliga-tion or responsibility of the system.

(b) The board may procure insurance to cover injuries sus-tained by students as a result of their participation in intercolle-giate athletics. With respect to any of the risks to be covered bythe insurance, the board may contract for the services of a claimsadministrator and may obtain coverage by any combination ofself−insurance, excess or stop−loss insurance or blanket insur-ance.

(6) FINANCIAL AIDS. (a) The board may:

1. Make grants to students from funds budgeted to or con-trolled by the system and formulate policies and promulgate rulesfor the grants.

2. Make grants equivalent in value to the payment of inciden-tal fees to disabled residents of the state who are recommendedand supervised by the department of workforce developmentunder s. 47.02.

(b) The board may not make a grant under par. (a) to a personwhose name appears on the statewide support lien docket unders. 49.854 (2) (b), unless the person provides to the board a pay-ment agreement that has been approved by the county child sup-port agency under s. 59.53 (5) and that is consistent with rules pro-mulgated under s. 49.858 (2) (a).

(c) By February 10 of each year, the board shall develop andsubmit to the higher educational aids board for its review under s.39.285 (1) a proposed formula for the awarding of grants under s.39.435, except for grants awarded under s. 39.435 (2) or (5), forthe next fiscal year to students enrolled in the system.

(7) CONFER DEGREES. The board may confer such degrees andgrant such diplomas as are usual in universities or as it deemsappropriate.

(8) PARKING RULES. (a) The board may make general policiesand shall authorize the chancellors to adopt rules regulating theparking of motor vehicles on property under their jurisdiction.Such rules shall not be subject to ch. 227.

(b) The board shall establish fines for the violation of any rulemade under par. (a). The institutions are authorized to collect suchfines together with moneys collected from the sale of parking per-mits and other fees established under par. (a), to be used for thepurpose of developing and operating parking or other transporta-tion facilities, or campus safety or transportation−related pro-

grams, at the institution at which collected or for enforcing park-ing rules under par. (a).

Cross−reference: See also s. UWS 18.05, Wis. adm. code.

(8e) PARKING FEES. The board shall direct each institutionwithin the system to charge a parking fee for the parking of motorvehicles by students, faculty, academic and university staff, andvisitors at campus. The board shall require the fee to be sufficientto recover the costs of the construction and maintenance necessaryfor the parking facilities. Nothing in this paragraph shall bedeemed to require the recovery of the costs of land for parkingfacilities. Nothing in this paragraph shall be deemed to requirethat all users of the parking facilities be charged a parking fee.College campus facilities owned by a county are not required tocharge a parking fee.

Cross−reference: See also s. UWS 18.05, Wis. adm. code.

(9) CONDEMNATION. The board may acquire by condemnationproceedings under ch. 32 such parcels of land as it deems neces-sary for the use of any institution whenever the board is unable toagree with the owner upon the compensation therefor, or when-ever the absence or legal incapacity of such owner, or other cause,prevents or unreasonably delays, such agreement.

(10) UNIVERSITY FUND. The board may expend such portionof the income of the university fund on or at the University of Wis-consin−Madison as is appropriated by the legislature for the erec-tion of buildings and the purchase of equipment or books.

(11m) INVESTMENT OF CERTAIN MONEYS. (a) The board mayinvest revenues from gifts, grants, and donations by doing any ofthe following:

1. Directly employing a financial manager to oversee theinvestment of these funds.

2. Contracting with the investment board to manage theinvestment of these funds.

3. Selecting a private investment firm using the competitivesealed proposal process described in s. 16.75 (2m).

(b) Notwithstanding ss. 25.14 (1) (a) and 25.17 (1) (g), theboard is not required to deposit revenues from gifts, grants, anddonations in the state investment fund if the board invests thesemoneys as provided in par. (a).

(15) TAX DEFERRED ANNUITIES. The board may continue allsalary reduction agreements with its employees pursuant to sec-tion 403 (b) of the internal revenue code. The board may enter intonew salary reduction agreements with its employees pursuant tosection 403 (b) of the internal revenue code or other applicablefederal law and may purchase annuities for its employees pursuantto these agreements from such annuity providers, both public andprivate, as the board deems appropriate.

(16) COMMENCEMENT OF FALL SEMESTER. The board shallensure that no fall semester classes at any institution, except medi-cal school classes and 4th year classes at the school of veterinarymedicine, commence until after September 1.

(17) SABBATICAL LEAVE FOR INSTRUCTIONAL FACULTY. Theboard may grant sabbatical leave of up to one year to instructionalfaculty, in order to recognize and enhance teaching efforts andexcellence, under rules and procedures adopted by the board, sub-ject to the following conditions:

(a) Sabbatical leave may be granted only to those faculty mem-bers who have completed 6 or more years, or the equivalent, offull−time instructional service in the system.

(b) Only one sabbatical leave may be granted for each 6 yearsof full−time instructional service in the system with preferencegiven to those who have been making significant contributions toteaching and have not had a leave of absence except under s.103.10, regardless of source of funding, in the previous 4 years.

(c) Sabbatical leave shall be granted for the purposes ofenhancing teaching, course and curriculum development or con-ducting research or any other scholarly activities related toinstructional programs within the field of expertise of the facultymember taking such leave.



https://docs.legis.wisconsin.gov/document/statutes/36.11(3)(c)















https://docs.legis.wisconsin.gov/document/administrativecode/UWS%2018.05

https://docs.legis.wisconsin.gov/document/administrativecode/UWS%2018.05




https://docs.legis.wisconsin.gov/document/statutes/25.17(1)(g)

https://docs.legis.wisconsin.gov/document/statutes/36.11(11m)(a)

https://docs.legis.wisconsin.gov/document/usc/26%20USC%20403






(d) Sabbatical leave shall be approved by appropriate facultyand administrative committees.

(e) A faculty member shall receive compensation while onsabbatical leave, but such compensation, when combined withoutside compensation earned while on leave, shall not exceed thefull compensation normally received from the system.

(f) The faculty member taking a sabbatical leave shall agree toreturn to the institution from which leave was granted for at leastone year after the termination of the sabbatical or return any com-pensation received from the system during the sabbatical.

(g) Funding for the sabbatical leave program shall be providedfrom the existing general operations appropriation for the system.

(19) FURNISHING OF SERVICES TO SCHOOL DISTRICTS. (a) Theboard may furnish, and school districts may accept, services foreducational study and research projects and they may enter intocontracts under s. 66.0301 for that purpose.

(b) A group of school districts, if authorized by each schoolboard, may form a nonprofit−sharing corporation to contract withthe state or the board for the furnishing of the services specifiedin par. (a).

(c) The corporation shall be organized under ch. 181 and shallhave the powers there applicable. Members of the school boardsspecified in par. (b) may serve as incorporators, directors and offi-cers of the corporation.

(d) The property of the corporation shall be exempt from taxa-tion.

(e) The corporation may receive gifts and grants and be subjectto their use, control and investment as provided in s. 118.27, andthe transfer of the property to the corporation shall be exempt fromincome, franchise and death taxes.

(21) CONTROLLED SUBSTANCES AND CONTROLLED SUBSTANCE

ANALOGS; DISCIPLINE. Any student who engages in an activity, oncampus or at an event sponsored by a college campus or institutionor by the system, that constitutes a violation of ch. 961 is subjectto nonacademic misconduct disciplinary sanctions, as providedby the board by rule. In determining the appropriate sanction, theboard or its designee shall consider those penalties, including sus-pension and expulsion, that will contribute most effectively tomaintaining a system environment that is free from controlledsubstances, as defined in s. 961.01 (4), and controlled substanceanalogs, as defined in s. 961.01 (4m).

(22) ORIENTATION PROGRAM; INFORMATION ON SEXUAL

ASSAULT AND SEXUAL HARASSMENT. (a) The board shall direct eachinstitution and college campus to:

1. Incorporate in its orientation program for newly enteringstudents oral and written or electronic information on sexualassault and sexual harassment, as defined in s. 111.32 (13), includ-ing information on sexual assault by acquaintances of the victimsand on all of the following:

a. The legal definitions of, and penalties for, sexual assaultunder ss. 940.225, 948.02 and 948.025, sexual exploitation by atherapist under s. 940.22 and harassment under s. 947.013.

b. Generally available national and state statistics, and cam-pus statistics as compiled under par. (c) and as reported under par.(d), on sexual assaults and on sexual assaults by acquaintances ofthe victims.

c. The rights of victims under ch. 950 and the services avail-able at the institution or college campus and in the community toassist a student who is the victim of sexual assault or sexualharassment.

d. Protective behaviors, including methods of recognizingand avoiding sexual assault and sexual harassment and locationsin the community where courses on protective behaviors are pro-vided.

2. Annually supply to all students enrolled in the institutionor college campus printed or electronic material that includes allof the information under par. (a).

(b) Annually, the board shall submit a report to the chief clerkof each house of the legislature for distribution to the appropriatestanding committees under s. 13.172 (3). The report shall indicatethe methods each institution and college campus have used tocomply with par. (a).

(c) Any person employed at an institution who witnesses a sex-ual assault on campus or receives a report from a student enrolledin the institution that the student has been sexually assaulted shallreport to the dean of students of the institution. The dean of stu-dents shall compile reports for the purpose of disseminating statis-tical information under par. (a) 1. b.

(d) Annually, each institution shall report to the department ofjustice statistics on sexual assaults and on sexual assaults byacquaintances of the victims that occurred on each campus of theinstitution in the previous year. The department of justice shallinclude the statistics in appropriate crime reports published by thedepartment.

(27) CONDITION ON FINANCIAL ASSISTANCE. The board may notprovide any state financial assistance under this chapter to anyperson during the period that the person is required to register withthe selective service system under 50 USC, Appendix, sections451 to 473 if the person has not so registered.

(28) LEASE AGREEMENT WITH THE UNIVERSITY OF WISCONSIN

HOSPITALS AND CLINICS AUTHORITY. Subject to 1995 WisconsinAct 27, section 9159 (2) (k), and subject to any prior lease enteredinto under s. 13.48 (14) (am) or 16.848 (1), the board shall negoti-ate and enter into a lease agreement with the University of Wis-consin Hospitals and Clinics Authority that meets the require-ments under s. 233.04 (7) and shall comply with s. 233.04 (7g).

(28m) AFFILIATION AGREEMENT WITH THE UNIVERSITY OF WIS-CONSIN HOSPITALS AND CLINICS AUTHORITY. Subject to 1995 Wis-consin Act 27, section 9159 (2) (k), the board shall negotiate andenter into an affiliation agreement with the University of Wiscon-sin Hospitals and Clinics Authority that meets the requirementsunder s. 233.04 (7m) and shall comply with s. 233.04 (7p).

(29) OTHER AGREEMENTS WITH THE UNIVERSITY OF WISCONSIN

HOSPITALS AND CLINICS AUTHORITY. The board may enter intojoint purchasing contracts and other contracts, rental agreementsand cooperative agreements and other necessary arrangementswith the University of Wisconsin Hospitals and Clinics Authoritywhich may be necessary and convenient for the missions, objectsand uses of the University of Wisconsin Hospitals and ClinicsAuthority authorized by law.

(29r) ECONOMIC DEVELOPMENT ASSISTANCE REPORTING. (a) Inthis subsection, “economic development program” means a pro-gram or activity having the primary purpose of encouraging theestablishment and growth of business in this state, including thecreation and retention of jobs, and that satisfies all of the follow-ing:

1. The program receives funding from the state or federal gov-ernment that is allocated through an appropriation under ch. 20.

2. The program provides financial assistance, tax benefits, ordirect services to specific industries, businesses, local govern-ments, or organizations.

(b) 1. The board shall coordinate any economic developmentassistance with the Wisconsin Economic Development Corpora-tion.

2. Annually, no later than October 1, the board shall submitto the joint legislative audit committee and to the appropriatestanding committees of the legislature under s. 13.172 (3) a com-prehensive report assessing economic development programsadministered by the board. The report shall include all of theinformation required under s. 238.07 (2). The board shall collabo-rate with the Wisconsin Economic Development Corporation tomake readily accessible to the public on an Internet−based systemthe information required under this subsection.

(36) AQUACULTURE DEMONSTRATION FACILITY. The board, inconsultation with representatives of the aquaculture industry,
















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https://docs.legis.wisconsin.gov/document/statutes/233.04(7p)







shall operate the aquaculture demonstration facility authorizedunder 1999 Wisconsin Act 9, section 9107 (1) (i) 3.

(40) CENTER FOR COOPERATIVES. The board shall maintain acenter for cooperatives at the University of Wisconsin−Madison.

(43) PROGRAMMING AT UNIVERSITY OF WISCONSIN−GREEN

BAY. The board shall ensure that the University of Wisconsin−Green Bay implements programming that is jointly developed bythe University of Wisconsin−Green Bay and the Oneida Tribe.

(47) ARMED FORCES. If a student who is a member of anational guard or a member of a reserve unit of the U.S. armedforces withdraws from school after September 11, 2001, becausehe or she is called into state active duty or into active service withthe U.S. armed forces for at least 30 days, the board shall reenrollthe student beginning in the semester in which he or she is dis-charged, demobilized, or deactivated from active duty or the nextsucceeding semester, whichever the student prefers, shall give thestudent the same priority in registering for courses that the studentwould have had if he or she had registered for courses at the begin-ning of the registration period, and, at the student’s request, do oneof the following for all courses from which the student had to with-draw:

NOTE: Sub. (47) (intro.) is affected by 2005 Wis. Acts 324 and 470. The 2treatments are mutually inconsistent. Sub. (47) (intro.) is shown as affected bythe last enacted act, 2005 Wis. Act 470. As affected by 2005 Wis. Act 324, it reads:

(47) ARMED FORCES. If a student who is a member of a national guard or amember of a reserve unit of the U.S. armed forces withdraws from school afterSeptember 11, 2001, because he or she is called into state active duty or intoactive service with the U.S. armed forces for at least 30 days, the board shallreenroll the student beginning in the semester following his or her dischargefrom active duty or the next succeeding semester, whichever the student prefers,and, at the student’s request, do one of the following for all courses from whichthe student had to withdraw:

(a) Reimburse the student all tuition and fees paid for all thecourses and a prorated portion of room and board payments.

(b) Grant the student an incomplete in all the courses and per-mit the student to complete the courses, within 6 months afterleaving state service or active service, without paying additionaltuition or fees.

(47m) SERVICE MEMBERS; PRIORITY REGISTRATION. (a) In thissubsection, “service member” means a person who has served oris serving on active duty under honorable conditions in the U.S.armed forces, in forces incorporated as part of the U.S. armedforces, in the national guard, or in a reserve component of the U.S.armed forces.

(b) The board shall ensure that a student who is a service mem-ber is given priority in registering for courses at any college cam-pus or institution.

(48) REPORT ON UTILITY CHARGES; ASSESSMENT OF CERTAIN

UTILITY CHARGES. The board shall ensure that the University ofWisconsin−Madison reports annually to the department of admin-istration on utility charges in the following fiscal year to fund prin-cipal and interest costs incurred in purchasing the Walnut Streetsteam and chilled−water plant enumerated under 2003 WisconsinAct 33, section 9106 (1) (g) 2. and in renovating and adding anaddition to the Charter Street heating and cooling plant enumer-ated under 2009 Wisconsin Act 28, section 9106 (1) (g) 3., and themethodology used to calculate those charges. The board may notassess the utility charges until the charges are approved by thedepartment of administration.

(50) RESERVE OFFICER TRAINING CORPS. The board may notallocate general purpose revenue for the operation of an institutionor college campus that prohibits the reserve officer training corpsfrom operating on its campus.

(51) AUTOMOBILE ALLOWANCE. The board may not use gen-eral purpose revenue, tuition, or academic fees for the president’sor the chancellors’ automobile allowance.

(52) MIDWESTERN HIGHER EDUCATION COMPACT DUES. Theboard shall make full annual payments of membership dues to theMidwestern Higher Education Compact.

(53m) DESIGNATION OF BUILDING PROJECTS. The board shallnot designate any part of a state building project that is subject toapproval under s. 13.48 (10) (a) as a separate building project.

(54) EMPLOYEE REPORTS. (a) In this subsection, “backup posi-tion” means a position that the board is contractually required toprovide for an employee who resigns or is terminated from his orher current position.

(b) Annually, the board shall submit a report to the appropriatestanding committees of the legislature under s. 13.172 (3) and tothe governor that identifies the number of employees with limitedappointments under s. 36.17 and rules promulgated thereunder,the number of employees with concurrent appointments, and thenumber of employees with employment contracts that requirebackup positions but who have not yet resigned or been termi-nated from their current positions.

(55) REVIEW OF SYSTEM CONTRACTS WITH RESEARCH COM-PANIES. The board shall review any contract submitted by the sys-tem under s. 946.13 (12) (b) 2. b. to determine whether enteringinto the contract would constitute a violation of s. 946.13 (1). Theboard shall complete the review and, if the board determines thatentering into the contract would constitute a violation of s. 946.13(1), notify the system of its determination within 45 days after thedate of submittal.

(55m) CLASSIFIED RESEARCH. The board may accept researchcontracts involving government security classifications or othersimilar restrictions on participation in research or access to or dis-semination of research results, if all of the following are satisfied:

(a) The research furthers national security interests.

(b) The educational interests of all participating students areadequately protected.

(c) Appropriate facilities, infrastructure, and administrativeresources are available for the research, either on campus or at off−campus locations.

(d) The sponsors of the research cover all additional costs asso-ciated with the security requirements of the research.

(e) The conditions for accepting the contracts and conductingthe research are established pursuant to a process approved by thechancellor, in consultation with the faculty, of the institution atwhich the research is to be conducted.

(56) TRAVEL POLICIES. Effective July 1, 2013, the board shallestablish travel policies for system employees and a schedule forthe reimbursement of system employees for travel expenses.Beginning on January 1, 2018, except with respect to contracts ineffect on that date, this schedule may not provide for reimburse-ment of system employees for lodging expenses incurred in thisstate at a rate that exceeds the maximum rate for lodging expensesincurred in the same location in this state under the approved uni-form travel schedule incorporated under s. 20.916 (8) (b) into thecurrent compensation plan under s. 230.12 (1).

(57) CLASSIFICATION OF SEGREGATED FEES. (a) The board shallrevise its policies regarding student segregated fees to ensure thatthe classification of those fees as allocable or nonallocable is con-sistent across institutions.

(b) The board shall submit the revised policies under par. (a)to the joint committee on finance. If the cochairpersons of thecommittee do not notify the board that the committee has sched-uled a meeting for the purpose of reviewing the revised policieswithin 14 working days after the date of the submittal, the revisedpolicies are considered approved and may be implemented. If,within 14 working days after the date of the submittal, the cochair-persons of the committee notify the board that the committee hasscheduled a meeting for the purpose of reviewing the revised poli-cies, the revised policies may be implemented only upon approvalof the committee.

(c) Notwithstanding s. 36.27 (1), the board may not approvean increase in the allocable portion of segregated fees at any insti-


















https://docs.legis.wisconsin.gov/document/statutes/946.13(12)(b)2.b.











tution until the joint committee on finance has approved theboard’s revised policies in the manner provided in par. (b).

(58) TRANSFERS TO THE UNIVERSITY OF WISCONSIN OSHKOSH

FOUNDATION. The board may not transfer funds to the Universityof Wisconsin Oshkosh Foundation, Inc., unless the transfer is firstapproved by legislative enactment.

History: 1973 c. 335; 1975 c. 39, 41, 224, 400; 1977 c. 29, 418; 1979 c. 32 s. 92(8); 1979 c. 221; 1981 c. 20; 1983 a. 27, 366; 1983 a. 435 s. 7; 1983 a. 484; 1985 a.62, 120; 1985 a. 332 ss. 47, 49, 50; 1985 a. 332 s. 251 (1); 1987 a. 27, 287; 1989 a.31, 56, 121, 177, 359; 1991 a. 39, 203, 250, 269, 285, 315; 1993 a. 16, 213, 227, 399;1995 a. 27 ss. 1757 to 1762y, 9130 (4); 1995 a. 201, 404, 448; 1997 a. 3, 27, 128, 237;1999 a. 9, 29; 1999 a. 150 ss. 7, 351; 2001 a. 16, 22; 2003 a. 33, 69, 149, 282; 2005a. 25, 253, 324, 470; 2007 a. 20, 85, 125; 2009 a. 28, 59, 302; 2011 a. 32, 175; 2013a. 20, 56, 289; 2015 a. 55, 117, 185; 2017 a. 59, 215, 365.

The Board of Regents has the power to make reasonable rules governing studentuse of automobiles on university property and can enforce them by imposing reason-able monetary penalties and withholding records. A student court can be designatedby the board of regents as an auxiliary enterprise. Moneys collected must be paid intothe general fund. By regent action, they may be appropriated therefrom for operationof that activity. 59 Atty. Gen. 82.

The University of Wisconsin System may sell a dormitory that no longer is neededfor educational purposes upon terms that are agreeable to the Wisconsin state agen-cies building corporation and H.U.D. to guarantee the payment of the bonds issuedfor the initial construction of the building. 63 Atty. Gen. 252.

Campus police have jurisdiction under sub. (2) to arrest only on campuses unlessdeputized by a sheriff. Local ordinances are not applicable on campus. 68 Atty. Gen.67.

36.112 Performance funding; innovation fund.(1) DEFINITION. In this section, “institution” includes the exten-sion.

(2) GOALS; METRICS. (a) The legislature hereby establishes thefollowing goals for the system:

1. Growing and ensuring student access.

2. Improving and excelling at student progress and comple-tion.

3. Expanding contributions to the workforce.

4. Enhancing operational efficiency and effectiveness.

(b) For each goal specified in par. (a), the Board of Regentsshall identify at least 4 metrics to measure an institution’s progresstoward meeting the goal. As the Board of Regents determines isappropriate, the board may specify different metrics for the exten-sion.

(3) OUTCOMES−BASED FUNDING FORMULA. (a) The Board ofRegents shall develop a formula for distributing under par. (b) theamount allocated under sub. (4) among the institutions based oneach institution’s performance with respect to the metrics undersub. (2) (b).

(b) By no later than February 15, 2018, the Board of Regentsshall submit the formula developed under par. (a) to the joint com-mittee on finance. The Board of Regents may use the formula todistribute the amount allocated under sub. (4) among the institu-tions only as modified or approved by the committee. The jointcommittee on finance shall consult with the appropriate standingcommittee in each house before modifying or approving the for-mula.

(4) ALLOCATION. In each fiscal year beginning in fiscal year2018−19, the Board of Regents shall allocate $26,250,000 of theamount appropriated under s. 20.285 (1) (a) to distribute to institu-tions under the formula under sub. (3) (b).

(5) REPORT. (a) Beginning in fiscal year 2018−19, the Boardof Regents shall submit an annual report to the joint committee onfinance that describes how the Board of Regents distributed in thefiscal year the amount allocated under sub. (4) to the institutionsunder the formula under sub. (3) (b). The report shall describe allof the following:

1. The amount distributed to each institution under the for-mula in the fiscal year.

2. The performance of each institution with respect to all themetrics identified by the Board of Regents under sub. (2) (b).

3. The methodology used to make the distributions based oneach institution’s performance with respect to the metrics.

4. The performance of the system as a whole with respect toall the metrics identified by the Board of Regents under sub. (2)(b).

5. Any other information used to administer the requirementsof this section.

(b) The Board of Regents shall make the report required underpar. (a) available to the public, and each institution shall post thereport on its Internet site.

(6) INNOVATION FUND. In fiscal year 2017−18, the Board ofRegents shall allocate $5,000,000 of the amount appropriatedunder s. 20.285 (1) (a) for the board to distribute to institutions toincrease enrollments in high−demand degree programs. TheBoard of Regents shall make the distribution through a competi-tive process involving a request for proposals from the institu-tions.

(7) OTHER DUTIES. The Board of Regents shall do all of the fol-lowing:

(a) Identify baseline data sets for the goals specified in sub. (2)(a).

(c) Approve a peer group for each institution that includesinstitutions of higher education with comparable missions andservice populations.

History: 2017 a. 59; 2017 a. 364 s. 49.

36.115 Personnel systems. (1) In this section, “chancel-lor” means the chancellor of the University of Wisconsin−Madi-son.

(2) Except as provided in sub. (8), the board shall develop apersonnel system that is separate and distinct from the personnelsystem under ch. 230 for all system employees except systememployees assigned to the University of Wisconsin−Madison.

(3) Except as provided in sub. (8), the chancellor shall developa personnel system that is separate and distinct from the personnelsystem under ch. 230 for all system employees assigned to theUniversity of Wisconsin−Madison.

(3m) The board shall set the salary ranges for all of the follow-ing positions:

(ae) Each of the vice chancellors who is serving as deputy atthe University of Wisconsin System campuses at Eau Claire,Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls,Stevens Point, Stout, Superior, and Whitewater and each of thevice chancellors who is serving as deputy at the University of Wis-consin Colleges and the University of Wisconsin−Extension.

(am) The vice presidents of the University of Wisconsin Sys-tem.

(ar) The chancellors at the University of Wisconsin Systemcampuses at Eau Claire, Green Bay, La Crosse, Oshkosh, Park-side, Platteville, River Falls, Stevens Point, Stout, Superior, andWhitewater and the chancellors of the University of WisconsinColleges and the University of Wisconsin−Extension.

(b) The vice chancellor who is serving as deputy at the Univer-sity of Wisconsin−Milwaukee.

(bm) The senior vice presidents of the University of WisconsinSystem.

(c) The vice chancellor who is serving as deputy at the Univer-sity of Wisconsin−Madison.

(d) The chancellor at the University of Wisconsin−Milwaukee.

(e) The chancellor at the University of Wisconsin−Madison.

(f) The president of the University of Wisconsin System.

(g) The associate and assistant vice presidents, vice chancel-lors not identified in pars. (ae), (b), or (c), assistant chancellors,associate and assistant vice chancellors, and administrative direc-tors and associate directors of physical plant, general operationsand services, and auxiliary enterprises activities or their equiva-lent, of each University of Wisconsin institution, the University ofWisconsin−Extension, and the University of Wisconsin Systemadministration.
















































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https://docs.legis.wisconsin.gov/document/statutes/36.115(3m)(b)

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(4) The personnel systems developed under subs. (2) and (3)shall include a civil service system, a grievance procedure thataddresses employee terminations, and provisions that addressemployee discipline and workplace safety. The grievance proce-dure shall include all of the following elements:

(a) A written document specifying the process that a grievantand an employer must follow.

(b) A hearing before an impartial hearing officer.

(c) An appeal process in which the highest level of appeal isthe board.

(5) (a) The personnel systems developed under subs. (2) and(3) shall be implemented on July 1, 2015.

(b) The board may not implement the personnel system devel-oped under sub. (2) unless it has been approved by the joint com-mittee on employment relations. This paragraph does not applyto revisions made under sub. (8) (b).

(c) The chancellor may not implement the personnel systemdeveloped under sub. (3) unless it has been approved by the jointcommittee on employment relations. This paragraph does notapply to revisions made under sub. (8) (b).

(6) All system employees holding positions in the classifiedor unclassified service of the civil service system under ch. 230 onJune 30, 2015, shall be included in the personnel systems devel-oped under subs. (2) and (3). System employees holding positionsin the classified service on June 30, 2015, who have achieved per-manent status in class on that date, shall retain, while serving inthe positions in the system, those protections afforded employeesin the classified service under ss. 230.34 (1) (a) and 230.44 (1) (c)relating to demotion, suspension, discharge, layoff, or reductionin base pay. Such employees shall also have reinstatement privi-leges to the classified service as provided under s. 230.31 (1). Sys-tem employees holding positions in the classified service on June30, 2015, who have not achieved permanent status in class on thatdate are eligible to receive the protections, privileges, and rightspreserved under this subsection if they successfully complete ser-vice equivalent to the probationary period required in the classi-fied service for the positions which they hold on that date.

(7) Except as provided in sub. (8), the board shall establish andmaintain consistent employment relations policies and practicesfor all system employees except system employees assigned to theUniversity of Wisconsin−Madison, and the chancellor shall estab-lish and maintain consistent employment relations policies andpractices for all system employees assigned to the University ofWisconsin−Madison.

(8) (a) No later than January 1, 2018, the board shall developand implement a plan that includes all of the following for eachinstitution within the system, including the University of Wiscon-sin−Madison:

1. Policies for monitoring teaching workloads of faculty andinstructional academic staff, including requirements for individ-ual faculty and instructional academic staff members to report thenumber of hours spent teaching to the system administration.

2. Policies for rewarding faculty and instructional academicstaff who teach more than a standard academic load.

(b) The board and the chancellor shall revise the personnel sys-tems developed under subs. (2) and (3) and the employment rela-tions policies and practices established under sub. (7) as necessaryto ensure that the systems, policies, and practices are consistentwith the plan required under par. (a).

History: 2011 a. 32; 2013 a. 20; 2015 a. 55; 2017 a. 59.

36.12 Student discrimination prohibited. (1) No stu-dent may be denied admission to, participation in or the benefitsof, or be discriminated against in any service, program, course orfacility of the system or its institutions because of the student’srace, color, creed, religion, sex, national origin, disability, ances-try, age, sexual orientation, pregnancy, marital status or parentalstatus.

(2) (a) The board shall direct each institution to establish poli-cies and procedures to protect students from discrimination undersub. (1). The policies and procedures shall do all of the following:

1. Provide criteria for determining whether sub. (1) has beenviolated.

2. Provide remedies and sanctions for violations of sub. (1).

3. Require a complainant to file a complaint with the institu-tion within 300 days of the alleged violation of sub. (1).

4. Provide periods within which the complainant and theinstitution must act for each procedural step leading to theissuance of a final decision and for appeal of the final decision tothe chancellor of the institution.

(b) The board shall establish policies and procedures for theappeal of the chancellor’s or dean’s decision to the board.

History: 1989 a. 186; 1997 a. 237; 2015 a. 55.The exclusion of contraceptives from an employer or college or university spon-

sored benefits program that otherwise provides prescription drug coverage violatesWisconsin law prohibiting sex discrimination in employment and in higher educa-tion, ss. 111.31 to 111.395, 36.12, and 38.23. OAG 1−04.

Student body diversity is a compelling state interest that can justify the use of racein university admissions. A race−conscious admissions program cannot use a quotasystem, but may consider race or ethnicity as a plus factor for an applicant, withoutinsulating the individual from comparison with all other candidates for the availableseats. An admissions program must be flexible enough to consider all pertinent ele-ments of diversity in light of the particular qualifications of each applicant, and toplace them on the same footing for consideration, although not necessarily accordingthem the same weight. Race−conscious admissions policies must be limited in time.Grutter v. Bollinger, 539 U.S. 306, 123 S. Ct. 2325 (2003). See also Gratz v. Bol-linger, 539 U.S. 244, 156 L. Ed. 2d 304, 123 S. Ct. 2411 (2003).

Under Grutter, strict scrutiny must be applied to any university admissions pro-gram using racial categories or classifications. Once the university has establishedthat its goal of diversity is consistent with strict scrutiny, however, there must still bea further judicial determination that the admissions process meets strict scrutiny inits implementation. The university must prove that the means chosen by the univer-sity to attain diversity are narrowly tailored to that goal. Strict scrutiny imposes onthe university the ultimate burden of demonstrating, before turning to racial classifi-cations, that available, workable race−neutral alternatives do not suffice. Grutter didnot hold that good faith would forgive an impermissible consideration of race. Fisherv. University of Texas at Austin, 570 U.S. 297, 133 S. Ct. 2411, 186 L. Ed. 2d 474(2013). See also Fisher v. University of Texas at Austin, 579 U.S. ___, 136 S. Ct.2198, 195 L. Ed. 2d 511 (2016).

36.14 Wisconsin distinguished professorships.(1) The board may establish distinguished professorships underthis section.

(2) The board may pay under this section the salary and fringebenefit costs of the professor holding the distinguished professor-ship and of any graduate assistant assigned to the professor, andthe equipment, supplies and travel costs of the professor and thegraduate assistants assigned to the professor.

(4) The board shall ensure that at least 3 of the professorsawarded distinguished professorships under this section afterAugust 9, 1989, are not employed by the board when they areawarded the professorships.

History: 1987 a. 27; 1989 a. 31; 2011 a. 32.

36.15 Academic staff appointments. (1) DEFINITIONS. Inthis section:

(a) “Administrative appointment” means an academic staffappointment for a fixed or indefinite term granted to a system,campus, college, school or other divisional officer involved inpolicy development or execution and to persons involved indirecting, organizing or supervising higher education relatedactivities.

(b) “Professional appointment” means an academic staffappointment for a fixed or indefinite term granted to a profes-sional employee who is involved in the guidance or counseling ofstudents, assisting the faculty in research, public service or in theinstruction of students or who is involved in other professionalduties which are primarily associated with institutions of highereducation; including, but not limited to, such employment titles asvisiting faculty, clinical staff, lecturer, scientist, specialist andsuch other equivalent titles as the board approves.

(2) APPOINTMENTS. Appointments under this section shall bemade by the board, or by an appropriate official authorized by theboard, under policies and procedures established by the board.































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The policies for indefinite appointments shall provide for a proba-tionary period, permanent status and such other conditions ofappointment as the board establishes.

(3) PROCEDURAL GUARANTEES. A person having an academicstaff appointment for a term may be dismissed prior to the end ofthe appointment term only for just cause and only after due noticeand hearing. A person having an academic staff appointment foran indefinite term who has attained permanent status may be dis-missed only for just cause and only after due notice and hearing.In such matters the action and decision of the board, or the appro-priate official authorized by the board, shall be final, subject tojudicial review under ch. 227. The board shall develop proceduresfor notice and hearing which shall be promulgated as rules underch. 227.

History: 1973 c. 335 and Supp; 1985 a. 332; 1989 a. 31; 2011 a. 32; 2013 a. 20ss. 2365m, 9448; 2015 a. 55.

Cross−reference: See also ch. UWS 3, 9, 10, 11, 12, and 19, Wis. adm. code.

36.17 Limited appointments. (1) An appointment to aposition listed in sub. (2) shall be a limited appointment and theappointment shall be at the pleasure of the board. A faculty mem-ber who has been granted tenure or a person holding an academicstaff appointment under s. 36.15 shall not lose that appointmentby accepting a limited appointment.

(2) Limited appointments apply to the following positions:president, provost, vice president, associate vice president, assist-ant vice president, chancellor, vice chancellor, associate chancel-lor, assistant chancellor, associate vice chancellor, assistant vicechancellor, college campus dean, secretary of the board, associatesecretary of the board, assistant secretary of the board, trust officerand assistant trust officer and such other administrative positionsas the board determines at the time of the appointment.

History: 1973 c. 335; 1997 a. 237; 2015 a. 55.Cross−reference: See also chs. UWS 15 and 19, Wis. adm. code.

36.19 Other appointments. The board may make or autho-rize fixed term appointments for student assistants and employeesin training, such as residents, interns, post−doctoral fellows ortrainees or associates. Appointments made under this sectionshall not be subject to s. 36.15.

History: 1973 c. 335; 2015 a. 55.Cross−reference: See also ch. UWS 16, Wis. adm. code.

36.21 Termination due to certain budget or programchanges. Notwithstanding s. 36.15, the board may, with appro-priate notice, terminate any faculty or academic staff appointmentwhen such an action is deemed necessary due to a budget or pro-gram decision requiring program discontinuance, curtailment,modification, or redirection. No person may be employed at theinstitution within 2 years to perform reasonably comparableduties to those of the person whose appointment was terminatedwithout first offering such person a reappointment. The board,after consultation with the faculty and chancellor of each institu-tion, shall adopt procedures to be followed in the event of termina-tion of academic staff under this section and the board may adoptprocedures, consistent with s. 36.22, to be followed in the eventof termination of faculty under this section and s. 36.22.

History: 1973 c. 335; 2015 a. 55.

36.22 Layoff or termination of faculty member due tocertain budget or program changes. (1) DEFINITIONS. Inthis section:

(a) “Layoff” means an indefinite suspension or involuntaryreduction in services and compensation of a faculty member’semployment by the system.

(b) “Program change” means program discontinuance, cur-tailment, modification, or redirection.

(c) “Termination” means the permanent elimination of a fac-ulty member’s employment by the system.

(2) LAYOFF OR TERMINATION DUE TO CERTAIN CIRCUMSTANCES.

(a) The board may, under this section and s. 36.21, with appropri-

ate notice, lay off or terminate any faculty member when such anaction is deemed necessary due to a budget or program decisionrequiring a program change.

(b) Any layoff or termination of a faculty member under par.(a) may be made only in accordance with the provisions of thissection and implies the retention of rights indicated in this section.A faculty member who is laid off retains the rights specified insubs. (11) to (16) and a faculty member who is terminated retainsthe rights specified in subs. (13) and (14).

(c) Nonrenewal of an appointment, regardless of the reason,is not a layoff or termination under this section.

(3) SENIORITY. (a) In the case of layoffs of faculty membersdue to a budget or program decision requiring a program change,layoffs shall follow seniority unless a clear and convincing caseis made that program or budget needs dictate other considerationssuch as the need to maintain diversity of specializations within adepartment.

(b) The faculty of each institution shall determine the form ofseniority that is to be considered. This determination shall beeffective uniformly throughout the institution. Seniority may bedefined in the following, or in other, ways:

1. Without regard to rank, with seniority established by totalyears of service in the institution.

2. By rank, and within rank according to total years of servicein the institution.

3. By rank, and within rank, according to length of service inthe institution at that rank.

(4) NOTIFICATION. (a) Each faculty member who is to be laidoff shall receive prompt written notification from the chancellor.Prior to issuing a layoff notification, the chancellor shall offer toconsult with, and seek advice from, a faculty committee desig-nated or created by the faculty of the institution.

(b) The notification under par. (a) shall include all of the fol-lowing:

1. A summary of the reasons supporting the need for the lay-off.

2. A statement of the basis on which the individual positionwas selected for elimination and one of the following:

a. If the position was selected for elimination on the basis ofseniority, the criterion used and data supporting the choice.

b. If the position was selected for elimination on a basis otherthan seniority, the data and reasons supporting that choice.

3. A statement of the date on which the layoff is to be effec-tive.

4. A copy of the statutes regarding layoff of faculty due to abudget or program decision requiring a program change and suchother information or procedural regulations as the chancellordeems appropriate.

(5) NOTIFICATION PERIOD. (a) In the case of the layoff of fac-ulty due to a budget or program decision requiring a programchange, notification must be given at least 12 months in advanceof the effective date.

(b) During the 12−month period under par. (a), and prior toentering layoff status, the chancellor may offer as appropriate, andthe faculty member may accept, any of the following:

1. Terminal leave and early retirement.

2. Relocation leave accompanied by resignation.

(c) Acceptance of either option under par. (b) terminates thefaculty member’s association with the system at the end of theleave period.

(6) FACULTY HEARING COMMITTEE. The faculty of each institu-tion shall establish a committee or designate an existing commit-tee to serve as a hearing committee for the purposes of this section.The committee shall consist of faculty members of the institutionchosen by the faculty in a manner to be determined by the faculty.This standing faculty committee shall conduct the hearing, makea verbatim record of the hearing, prepare a summary of the evi-













































dence, and transmit the record and summary along with its recom-mended findings of law and decision to the board.

(7) REVIEW HEARING. (a) A faculty member who has beennotified of layoff is entitled to a hearing before the faculty hearingcommittee as to the appropriateness of the decision to lay off thatparticular individual. The budget or program decisions made todiscontinue, curtail, modify, or redirect a program are not subjectto review in the hearing.

(b) A hearing must be requested within 20 days of the receiptby the faculty member of notification of layoff. The request shallstate with particularity the grounds to be relied upon in establish-ing the impropriety of the decision. Relevant information supple-mentary to that contained in the notification statement may berequested. The question to be considered in the review is whetherone or more of the following improper factors entered into thedecision to lay off:

1. Conduct, expressions, or beliefs on the faculty member’spart that are constitutionally protected, or protected by the prin-ciples of academic freedom.

2. Factors proscribed by applicable state or federal lawregarding fair employment practices.

3. Improper selection of the individual to be laid off.

(c) For purposes of par. (b), “improper selection” has occurredif material prejudice resulted from any of the following:

1. The procedures required by the board were not followed.

2. Available data bearing materially on the role of the facultymember in the institution were not considered.

3. Unfounded or arbitrary assumptions of fact were made.

4. Immaterial or improper factors other than those specifiedin par. (b) entered into the decision.

(d) The committee shall determine whether one or more of theimproper factors under par. (b) entered significantly into andaffected the layoff decision on the basis of the evidence presented.If the committee believes that one or more improper factors mayhave entered into the layoff decision but is convinced that thesame decision would have been reached had the error or errors notoccurred, the committee shall find the layoff decision to have beenproper. The committee shall report its findings and recommenda-tions to the chancellor and the faculty member.

(8) HEARING PROCEDURE. (a) If the faculty hearing committeerequests, the chancellor shall provide legal counsel to the commit-tee for a hearing under sub. (7). The hearing shall be closed unlessthe faculty member who has been notified of layoff requests anopen hearing, in which case it shall be open.

(b) The faculty hearing committee may, on motion of eitherparty, disqualify any one of its members for cause by a majorityvote. If one or more of the faculty hearing committee membersdisqualify themselves or are disqualified, the remaining membersmay select a number of other members of the faculty equal to thenumber who have been disqualified to serve, except that alterna-tive methods of replacement may be specified in the rules and pro-cedures adopted by the faculty establishing the hearing committeeunder sub. (6). No faculty member who participated in the deci-sion to lay off or who is a material witness may sit in on the facultyhearing committee.

(c) The faculty member shall be given at least 10 days’ noticeof the hearing. The hearing shall be held not later than 20 daysafter the request for hearing except that this time limit may beextended by mutual consent of the parties or by order of the facultyhearing committee.

(d) The faculty member shall have access to the evidence onwhich the administration intends to rely to support the decision tolay off, and shall be guaranteed all of the following minimal proce-dural safeguards at the hearing:

1. A right to be heard on his or her own behalf.

2. A right to counsel or other representatives or both, and tooffer witnesses.

3. A right to confront and cross−examine adverse witnesses.

4. A verbatim record of the hearing, which might be a soundrecording, provided at no cost.

5. Written findings of fact and decision based on the hearingrecord.

6. Admissibility of evidence as described in s. 227.45 (1) to(4).

(e) Adjournments shall be granted to enable either party toinvestigate evidence as to which a valid claim of surprise is made.

(9) RECOMMENDATIONS AND REVIEW BY THE BOARD. The layoffdecision of the chancellor and the recommendations, if any, of thefaculty hearing committee, shall be transmitted to the presidentand to the board and acted upon as follows:

(a) If the faculty member has not requested a hearing beforethe faculty hearing committee, the chancellor’s decision shall bedeemed proper and shall be reported for information to the presi-dent and the board.

(b) If the faculty member has requested a hearing and the fac-ulty hearing committee has found the decision to be proper, thereport of the faculty hearing committee shall be forwarded to thepresident and board by the chancellor with a recommendation.The faculty member may request a review by the board, and theboard review panel may at its option grant a review. Unless theboard review panel grants the request for review, the recom-mended findings of fact and decision of the faculty hearing com-mittee shall be the final decision of the board.

(c) If after a hearing, the faculty hearing committee’s recom-mended findings of fact and decision are that the initial decisionwas improper, the chancellor shall review the matter and givecareful consideration to the committee’s finding. If the chancelloraccepts the committee’s findings, the chancellor’s decision shallbe final. If the chancellor contests the recommended findings thatthe decision was improper, the verbatim record, a summary of theevidence, and the recommended findings of law and decision shallbe forwarded to the board review panel. The chancellor and thefaculty member shall be furnished with copies of this material andshall have a reasonable opportunity to file written exceptions tothe summary and proposed findings and decision and to arguewith respect to them orally and in writing before the board reviewpanel. The board review panel shall hear and decide the case andthe decision of the board review panel shall be final.

(10) BOARD REVIEW. A review panel shall be appointed by thepresident of the board, and shall include 3 members of the board,and 2 nonvoting staff members from the academic affairs officeof the system. The panel shall review the criteria and reasoning ofthe chancellor and the findings and recommendations of the fac-ulty hearing committee in each case forwarded for its review, andshall reach a decision on the recommendation to be approved. Thedecision shall be final and binding upon the chancellor and the fac-ulty member affected unless one or more of the board members ofthe review panel request that the decision be reviewed by the fullboard, in which case the record shall be reviewed and a decisionreached by the full board.

(11) LAYOFF STATUS. (a) A faculty member whose positionhas been eliminated or reduced in accordance with the provisionsof this section shall, at the end of the appropriate notice period, beplaced on layoff status, unless the layoff notice has been rescindedprior to that time.

(b) The faculty member whose notice period has expired, andwho is placed on layoff status, shall remain on layoff status untilany of the following occurs:

1. The period of the faculty member’s appointment hasexpired under its own terms.

2. The faculty member is reappointed to the position fromwhich he or she was laid off. Failure to accept a reappointmentterminates the faculty member’s association with the system.

3. The faculty member accepts an alternative continuing posi-tion in the system. Failure to accept an alternate appointment doesnot terminate the faculty member’s association with the system.











4. The faculty member resigns.

5. The faculty member, while on layoff status, fails to notifythe chancellor by December 1 of each year as to his or her location,employment status, and desire to remain on layoff status. Failureto provide this notice of desire to remain on layoff status termi-nates the faculty member’s association with the system.

(12) ALTERNATIVE EMPLOYMENT. Each institution shall devoteits best efforts to securing alternative appointments within theinstitution in positions for which faculty laid off under this sectionare qualified under existing criteria. In addition, the system shallprovide financial assistance for one year for faculty who are des-ignated for layoff to readapt within the department or withinanother department of the institution, where readaptation is feasi-ble. Further, the system shall devote its best efforts to ensure thatfaculty members laid off or terminated in any institution are madeaware of openings within the system.

(13) REAPPOINTMENT RIGHTS. Each institution shall establishadministrative procedures and policies to ensure that where lay-offs or terminations occur due to a budget or program decisionrequiring a program change, no person may be employed at thatinstitution within 3 years to perform reasonably comparableduties to those of the faculty member laid off or terminated with-out first offering the laid off or terminated faculty member reap-pointment without loss of seniority and other rights. The 3−yearperiod shall be computed from the effective date of layoff as speci-fied in the original notice.

(14) RETENTION OF RANK AND SALARY. Any faculty memberreappointed within 3 years after layoff or termination shall bereappointed with a rank and salary at least equivalent to the rankand salary when laid off or terminated, together with such otherrights and privileges that may have accrued at that time. Any fac-ulty member relocated within an institution or within the systemshall not have either rank or salary adversely affected except byconsent at the time of relocation.

(15) RIGHTS OF FACULTY MEMBERS ON LAYOFF. A faculty mem-ber on layoff status in accord with the provisions of this section hasthe reemployment rights guaranteed by subs. (13) and (14), andhas all of the following minimal rights:

(a) The right to participate in fringe benefit programs as isallowed by state statutes and rules governing rights of laid off stateemployees.

(b) The right to continued use of campus facilities as is allowedby policies and procedures established by the department andinstitution.

(c) The right to participate in departmental and institutionalactivities as is allowed by guidelines established by the depart-ment and institution.

(16) SYSTEMWIDE TENURE. The commitment to systemwidetenure within the institutions formerly governed under ch. 37,1971 stats., shall be honored by those institutions for those eligibleunder s. 36.13 (4), 1973 Stats., in the event of layoff or terminationunder the provisions of this section.

(17) LACK OF FACULTY ACTION. If the faculty of an institutionis given due notice but does not establish or designate a hearingcommittee under sub. (6), the chancellor may appoint a committeeof faculty members to provide this function.

History: 2015 a. 55; 2017 a. 366 s. 99.

36.23 Conflict of interest. No regent or officer or other per-son appointed or employed in any position in the system may atany time act as agent for any person or organization where suchact would create a conflict of interest with the terms of the person’sservice in the system. The board shall define conflicts of interestand promulgate rules related thereto.

History: 1973 c. 335; 1985 a. 332 s. 251 (1).Cross−reference: See also ch. UWS 8, Wis. adm. code.

A regent of the University of Wisconsin is not precluded by law from attending theuniversity as a student or from receiving a degree from the university, but he mustguard against and refrain from any possible conflict of interest. 58 Atty. Gen. 158.

36.25 Special programs. (2) WISCONSIN RESIDENTS PREF-ERENCE IN HOUSING. Preference as to rooming, boarding and apart-ment facilities in the use of living units operated by any universityshall, for the following school year, be given to students who areresidents of this state and who apply before March 15, unless alater date is set by the board. Such preference shall be granted inaccordance with categories of priority established by the board.Leases or other agreements for occupancy of such living unitsshall not exceed a term of one calendar year. The board may pro-mulgate rules for the execution of this subsection.

(3) AGRICULTURAL DEMONSTRATION STATIONS, EXPERIMENTS,

DEMONSTRATIONS. (a) The board may establish through the Col-lege of Agricultural and Life Sciences of the University of Wis-consin−Madison demonstration stations for the purpose of aidingin agricultural development. The location of the stations shall bedetermined by the board which shall consider the opportunities foragricultural development in various regions of the state.

(b) The board may authorize experimental work in agricultureat points within the state and carry on demonstrations and suchother extension work as it deems advisable for the improvementof agricultural knowledge. The board may conduct extensionschools and courses and provide for the compensation and travel-ing fees of instructors whose functions shall be to assist in theimprovement of agricultural education and the dissemination ofagricultural knowledge.

(c) The board shall, under the supervision of the dean of theCollege of Agricultural and Life Sciences of the University ofWisconsin−Madison, foster research and experimentation in thecontrol of bovine brucellosis, which is also known as Bang’s dis-ease, at various points within this state that the board considersadvisable. To facilitate the bovine brucellosis research and exper-imentation, contracts may be entered into with owners of bovineanimals of various classes for the supervised control of the ani-mals and for the purchase of animals under conditions to be speci-fied in contracts that shall be retained for control purposes.

(d) The board may establish such agriculturally relatedresearch and instructional programs at any institution as it deemsadvisable so long as such programs are compatible with a singlestatewide integrated research and extension program.

(4) DUTCH ELM DISEASE STUDIES. The board shall, through theCollege of Agricultural and Life Sciences of the University ofWisconsin−Madison, authorize laboratory and field studies,research, and experiments to determine the cause and control ofDutch elm disease. The various departments of the state shallcooperate with the university in this program.

(5) BROADCASTING STATION WHA AND WHA−TV, EXPERIMEN-TAL TELEVISION. (a) The board of regents, as licensee, shall man-age, operate and maintain broadcasting station WHA and WHA−TV and shall enter into an affiliation agreement with theeducational communications board pursuant to s. 39.14. Exceptas provided under par. (b), the agreement shall provide that theboard of regents shall grant the educational communicationsboard the part−time use of equipment and space necessary for theoperations of the state educational radio and television networks.The board of regents shall maintain a separate account for eachrevenue source for broadcasting station WHA and for WHA−TVwhich permits identification of the functions or activities forwhich expenditures are made. The board of regents shall maintainannual records of its expenditures for programming purposes bytype of programming and by source of revenue.

(b) The board of regents may rent space on the Madison publicbroadcast transmission tower to the educational communicationsboard and to other public and commercial broadcasters.

(6) GEOLOGICAL AND NATURAL HISTORY SURVEY. (a) The boardshall have charge of the geological and natural history survey.Under the supervision of the state geologist, the survey shall studythe geology, water, soils, plants, fish and animal life of the stateand shall continue the topographic mapping of the state begun by



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the U.S. geological survey, but no money may be expended fortopography unless an equivalent amount is expended for this pur-pose in the state by the U.S. government.

(b) The state geologist shall examine the lands of the state andclassify them in accordance with their mineral content and geo-logical and other evidences of the presence of minerals. For thispurpose, competent agents and employees of the survey are autho-rized to enter upon any and all lands within the state.

(c) The geological and natural history survey shall examine themines and explored mineral lands of the state by persons compe-tent to make such examinations and make an accurate determina-tion of the amount of ore therein, the expense of mining, the prob-able life of the mine and such other factors as may be necessary,in the judgment of the department of revenue and the geologicaland natural history survey, for a proper valuation thereof. For thepurpose of this investigation all books, inventories, waybills,maps, plats, correspondence and memoranda relating to or usedin the transaction of the business of any person owning or operat-ing any mine or explored mineral land, shall, on demand by thegeological and natural history survey, or its authorized representa-tive, be open to inspection or examination. Any person owningor operating any mine or explored mineral lands shall furnish forinspection to the geological and natural history survey, uponrequest, copies of all maps and plats that relate to the workings ofthe mine or the explored mineral lands.

(d) Any officer, agent, clerk or employee of the survey ordepartment of revenue who makes known to any person except theofficers of the survey or department of revenue, in any manner,any information given to such person in the discharge of such per-son’s duties under par. (c), which information was given to suchperson with the request that it not be made known, is guilty of aClass I felony. This paragraph shall not prevent the use for assess-ment purposes of any information obtained under this subsection.

(e) The state geologist shall carry out the responsibilities speci-fied for him or her under s. 107.15.

(7) SOIL AND WATER CONSERVATION. The board is responsiblefor research and educational programs regarding soil and waterconservation. The board shall cooperate with the land and waterconservation board, the department of agriculture, trade and con-sumer protection and the counties in carrying out its soil and waterconservation programs. The board shall prepare annually a writ-ten program of planned educational activities in soil and waterconservation.

(8) WATER RESOURCES RESEARCH. Funds made available to thevarious state agencies for joint water resources research and datacollection programs shall be administered and coordinated by thedirector of the water resources center of the University of Wiscon-sin−Madison. Such funds shall be made available, on applicationfrom the state agencies concerned, when the director, after seek-ing the advice of the department of natural resources, finds theproposed projects to be consistent with other state projects and theneeds of the state. The director shall make biennial reports to thechief clerk of each house of the legislature, for distribution to thelegislature under s. 13.172 (2), at the convening of the legislature.

(9) STATE SOILS LABORATORY. The board shall establish a statesoils and plant analysis laboratory in connection with the Collegeof Agricultural and Life Sciences of the University of Wisconsin−Madison and the University of Wisconsin−Extension. The labora-tory shall, at the request of the owner or occupant of any lands inthe state and upon the payment of such fees as are prescribed,make field examinations and analyses of the soil and plant tissueand when possible interpret the results of such investigation andmake appropriate recommendations. The board through the Col-lege of Agricultural and Life Sciences of the University of Wis-consin−Madison may cause an investigation to be made of meth-ods of clearing cutover lands, perform experiments anddemonstrations in conjunction therewith and provide related ser-vices to individual citizens at cost.

(10) PHARMACEUTICAL EXPERIMENT STATION. The board mayestablish, equip and maintain a pharmaceutical experiment stationin the school of pharmacy of the University of Wisconsin−Madi-son for the purpose of cooperating with other state agencies in thecultivation of medicinal plants, the synthesis and production ofhigh−grade drugs and the dissemination of related informationand service to the citizens of the state.

(11) STATE LABORATORY OF HYGIENE. (a) The laboratory ofhygiene shall be attached to the University of Wisconsin−Madi-son. The laboratory of hygiene board shall meet at least quarterlyand may promulgate rules under ch. 227, approve the laboratoryof hygiene budget, set fees, set priorities and make final approvalof laboratory resources so that the laboratory can act in responseto agencies’ planned objectives and program priorities.

(b) The laboratory shall provide complete laboratory servicesin the areas of water quality, air quality, public health and conta-gious diseases for appropriate state agencies, and may performexaminations for licensed physicians, veterinarians, local healthofficers, as defined in s. 250.01 (5), and resource managementofficials as may be necessary for the prevention and control ofthose diseases and environmental hazards which cause concernfor public health and environmental quality.

(c) The laboratory shall provide analytical support to theappropriate state agencies charged with water system evaluation.The support service shall include an evaluation from a publichealth standpoint and analytical support to ascertain the water’ssuitability for manufacturing, commercial and recreational pur-poses as determined by the rules promulgated by the departmentof health services, the department of natural resources and thedepartment of agriculture, trade and consumer protection.

(d) The laboratory shall be operated to furnish a complete labo-ratory service to the department of health services and the depart-ment of natural resources in the areas of water quality, air quality,public health and contagious diseases and to make available to thesystem, the department of health services and the department ofnatural resources such facilities for teaching in the fields of publichealth and environmental protection as may be derived from sucha laboratory.

(e) The technical staff and other employees necessary to theoperation of the laboratory shall be employed by the director. Theboard, upon the recommendation of the chancellor of the Univer-sity of Wisconsin−Madison, with the approval of the laboratory ofhygiene board, shall appoint the director of the laboratory andsuch other members of its professional staff as are required for theadministration of the laboratory.

(em) The laboratory of hygiene board shall create and maintaina roster of scientists and other persons with technical expertisewho are willing to work for the laboratory of hygiene if the gover-nor declares that an emergency related to public health exists. Ifthe governor declares such an emergency, the laboratory ofhygiene board shall hire as limited−term employees the requisitenumber of persons from the roster to assist the department ofhealth services under s. 250.042.

(f) The laboratory of hygiene board may impose a fee for eachtest conducted by the laboratory. Any test conducted for a localunit of government is exempt from the fee unless the test is outsidethe state public health care mission or is required under 42 USC300f to 300j, as determined by the laboratory of hygiene board.The laboratory may charge state agencies through contractualarrangements for the actual services rendered.

(g) The laboratory of hygiene board shall submit biennial bud-get requests reflecting joint budgetary planning with agenciesserved, and any information required by the department of admin-istration under s. 16.43, directly to the department of administra-tion.

(12) PSYCHIATRIC RESEARCH INSTITUTE. (a) The board shallhouse, equip and maintain the psychiatric research institute as aprogram of the University of Wisconsin−Madison Center for







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Health Sciences. The psychiatric research institute shall be afacility for research, development and service to the state in thefield of mental health. The institute may exercise the powersgranted under s. 46.044.

(b) All property used by the Wisconsin Psychiatric Instituteestablished under s. 46.044, except real property used by the insti-tute and except property of the University of Wisconsin Hospitalsand Clinics, is transferred to the board which shall hold such prop-erty for the use of the psychiatric research institute.

(c) The institute shall investigate medical and social conditionswhich directly or indirectly result in state care; develop and pro-mote measures to relieve and prevent the need for state care;undertake special education and training; and generally seek byresearch and investigation to prevent conditions which result instate care. The institute shall render, under mutual agreement, ser-vices to the state institutions under the jurisdiction of the depart-ment of health services and the department of public instruction.Such state institutions are open to the institute for research andtraining.

(12m) STATE CARTOGRAPHER. The state cartographer shall:

(a) Establish and maintain a union catalog of current and his-torical reference and thematic maps of all scales available inmunicipal, county, state and federal agencies relating to this state.

(b) Promote liaison among the municipal, county, state andfederal mapping agencies and surveyors to facilitate coordinationand to exchange information on mapping and cartographic activi-ties.

(c) Keep abreast of the progress made by mapping agenciesand their mapping developments.

(d) Collect, maintain and disseminate information regardinginnovation in cartographic techniques and mapping procedures,map and air photo indexes and control data, map accuracy stan-dards, legal aspects of map publication and such other matters aswill facilitate an effective cartographic program for the state.

(e) Publish and distribute such special maps and map informa-tion as will promote the mapping of the state and preparation anduse of maps by individuals, only to the extent, however, that suchpublication and distribution is not appropriately within the activi-ties of any other state or commercial agency.

(f) Assist the department of natural resources in its work as thestate representative of the U.S. geographic board and its otherfunctions under s. 23.25.

(13g) UNIVERSITY OF WISCONSIN HOSPITALS AND CLINICS. (a)The board shall establish at the University of Wisconsin−Madisonthe “University of Wisconsin Hospitals and Clinics”.

(b) The board shall maintain, control and supervise the use ofthe University of Wisconsin Hospitals and Clinics, for the pur-poses of:

1. Delivering comprehensive, high−quality health care topatients using the hospitals and to those seeking care from its pro-grams, including a commitment to provide such care for the medi-cally indigent.

2. Providing an environment suitable for instructing medicaland other health professions students, physicians, nurses andmembers of other health−related disciplines.

3. Sponsoring and supporting research in the delivery ofhealth care to further the welfare of the patients treated and apply-ing the advances in health knowledge to alleviate human suffer-ing, promote health and prevent disease.

4. Assisting health programs and personnel throughout thestate and region in the delivery of health care.

(d) This subsection applies only in the event that the on−cam-pus facilities, as defined in s. 233.01 (7), leased to the Universityof Wisconsin Hospitals and Clinics Authority under s. 36.11 (28),and any improvements, modifications or other facilities specifiedin s. 233.04 (7) (c), are transferred to the board under s. 233.04(3b) (b), (7g) (b) or (7p) (b).

(13i) PRECISION MEDICINE MOLECULAR TUMOR BOARD. Fromthe appropriation under s. 20.285 (1) (a), the Board of Regentsshall allocate $490,000 in each fiscal year to expand precisionmedicine at the University of Wisconsin Carbone Cancer Centerthrough the Precision Medicine Molecular Tumor Board byincreasing access to precision medicine for cancer patients in thisstate, providing genomics resources to patients in need, and devel-oping a precision medicine statewide database.

(13m) MEDICAL STUDENT TRANSFER PROGRAM. The boardshall establish a program in the University of Wisconsin Schoolof Medicine and Public Health to consider the transfer of residentsof this state from foreign medical schools after their 2nd year ofstudy.

(13s) MEDICAL PRACTICE IN UNDERSERVED AREAS. The boardshall allocate $400,000 in each fiscal year for the department offamily medicine and practice in the University of WisconsinSchool of Medicine and Public Health to support the WisconsinAcademy for Rural Medicine, the Academy for Center−city Med-ical Education, and the Wisconsin Scholars Academy programs.The board may not expend any moneys allocated under this sub-section in a fiscal year unless the board receives $400,000 in giftsand grants from private sources in that fiscal year for supportingsuch programs.

(14) GRADUATE STUDENT FINANCIAL AID. The board shallestablish a grant program for minority and disadvantaged gradu-ate students enrolled in the system. The board shall give prefer-ence in awarding grants under this subsection to residents of thisstate. The board may not make a grant under this subsection to aperson whose name appears on the statewide support lien docketunder s. 49.854 (2) (b), unless the person provides to the board apayment agreement that has been approved by the county childsupport agency under s. 59.53 (5) and that is consistent with rulespromulgated under s. 49.858 (2) (a).

(14m) MINORITY AND DISADVANTAGED PROGRAMS. (a) Theboard shall fund programs for recruiting minority and disadvan-taged students and for minority and disadvantaged studentsenrolled in the system.

(b) By April 15, 1992, and annually thereafter, the board shalladopt a precollege, recruitment and retention plan for minorityand disadvantaged students enrolled in the system.

(c) By April 15, 1992, and annually thereafter by April 15, theboard shall submit a report to the governor and to the chief clerkof each house of the legislature for distribution to the appropriatestanding committees under s. 13.172 (3). The report shall includeall of the following:

1. The plan adopted under par. (b).

2. All financial aid distributed to students, categorized by eth-nic group, class level and dependency status. The report shallinclude information on financial need, percentage of need satis-fied by loan, percentage of need satisfied by grant and the percent-age remaining unsatisfied.

(15) MILITARY INSTRUCTION. The board may provide coursesin military science and tactics.

(18) SCHOOL OF VETERINARY MEDICINE. The board shall estab-lish and maintain a school of veterinary medicine at the Universityof Wisconsin−Madison. Existing facilities shall be used to themaximum possible extent for auxiliary instructional and researchsupport of the veterinary program.

(19) MODEL SCHOOL SPECIAL EDUCATION PROGRAM. (a) Theboard may establish at the University of Wisconsin−Madison amodel school for children with disabilities, as defined in s. 115.76(5). The school shall utilize practical demonstration techniques totrain teachers and other support personnel under s. 115.28 (7) (c).

(b) The board may enter into an agreement with the schoolboard of any school district to provide special education andrelated services through the model school to children with disabil-ities. The board may charge tuition for children served in themodel school. Tuition charges made under such agreements shall







https://docs.legis.wisconsin.gov/document/statutes/233.04(3b)(b)

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be based on the net cost of providing the special education andother related services.

(21) SCHOOL OF LAW; PART−TIME ENROLLMENT AND NIGHT

COURSES. The board shall direct the School of Law to:

(a) Allow resident students who are admitted to law school toenroll in part−time programs;

(b) Allow resident students who are admitted to law school 6years after first enrolling to complete requirements for a degree;and

(c) Offer to resident students who are admitted to law schoola range of courses in the evening, including required courses nec-essary to be admitted to the state bar under SCR 40.03.

(21m) GREAT LAKES INDIAN LAW PROGRAM. The board shallestablish a Great Lakes Indian law program at the University ofWisconsin−Madison Law School.

(22) SCHOOL OF ALLIED HEALTH PROFESSIONS. The board mayestablish a School of Allied Health Professions at the Universityof Wisconsin−Milwaukee.

(23) ROBERT M. LA FOLLETTE INSTITUTE OF PUBLIC AFFAIRS.

There is established a Robert M. La Follette institute of publicaffairs at the University of Wisconsin−Madison. The instituteshall engage in research, public service and educational activitiesto advance the knowledge of public affairs and the application ofthat knowledge to the needs of this state.

(23m) WILDER CRANE PROFESSORSHIP OF GOVERNMENT. Theboard shall establish the Wilder Crane professorship of govern-ment at the University of Wisconsin−Milwaukee department ofpolitical science.

(24) EMPLOYEE−OWNED BUSINESSES PROGRAM. Through theUniversity of Wisconsin small business development center, incooperation with the Wisconsin Economic Development Corpo-ration, the technical college system board and the University ofWisconsin−Extension, the board shall create, as needed, educa-tional programs to provide training in the management of employ-ee−owned businesses and shall provide technical assistance toemployee−owned businesses in matters affecting their manage-ment and business operations, including assistance with govern-mental relations and assistance in obtaining management, techni-cal and financial assistance.

(25) INDUSTRIAL AND ECONOMIC DEVELOPMENT RESEARCH

PROGRAM. (a) The board shall award industrial and economicgrants to fund industrial and economic development researchprojects and outreach activities.

(b) In awarding grants under par. (a) the board shall:

1. Receive project proposals from system researchers.

2. Provide for a review process for project proposals byappropriate professionally qualified reviewers.

3. Specify the duration of the project to be funded by the grant.

(c) Biennially by November 15, the board shall submit a reportto the joint committee on finance specifying the projects fundedunder this subsection in the previous fiscal biennium, the durationof the funded projects and the relationship of the funded projectsto this state’s economy.

(26) CHILD CARE CENTERS. A college campus may establish achild care center.

(27) INTEGRATED AGRICULTURE PROGRAM. The board shallestablish an integrated agriculture program.

(28) SCHOOLS OF BUSINESS. The board shall support improve-ments in master’s level business programs. The board may pro-vide financial support for such improvements only if it receivesmatching funds for the same purpose from private contributions.

(29m) CENTER FOR ENVIRONMENTAL EDUCATION. There isestablished in the College of Natural Resources at the Universityof Wisconsin−Stevens Point a center for environmental educationto assist in the development, dissemination, implementation, andevaluation of environmental education programs for elementary

and secondary school teachers and pupils. The center shall do allof the following:

(b) Assist the department of public instruction to periodicallyassess the environmental literacy of this state’s teachers and stu-dents.

(c) Develop, offer and evaluate environmental education cour-ses for teachers.

(d) Select and train natural resource and environmental educa-tion specialists with teaching experience to assist in providingenvironmental education courses and programs to teachers in thisstate.

(e) Assist the department of public instruction and cooperativeeducational service agencies to assist school districts in conduct-ing environmental education needs assessments.

(f) Provide environmental education workshops and consult-ing services to teacher educators from teacher training institutionslocated in this state.

(g) Establish an environmental education curriculum andmaterials center for use by school teachers, faculty of teachertraining institutions located in this state and others in educationalprograms who need such materials.

(h) Assist the University of Wisconsin−Stevens Point Collegeof Natural Resources in providing opportunities for teachers tocomplete advanced training in environmental education throughthe college’s master’s degree program.

(29r) STUDY ON THE REINTRODUCTION OF ELK. (a) The boardshall direct the University of Wisconsin−Stevens Point to conducta study to determine the feasibility of reintroducing elk into thenorthern part of the state and to formulate a management plan forthe reintroduction of elk if the conclusions of the study demon-strate that the reintroduction is feasible.

(b) The University of Wisconsin−Stevens Point shall conductthe study by monitoring the behavior of an experimental herd thatthe university shall bring into the state. The university shall alsoassess the herd’s compatibility with other resources in the areawhere the study is conducted.

(30) POLLUTION PREVENTION. The board shall maintain in theextension a solid and hazardous waste education center to pro-mote pollution prevention, as defined in s. 299.13 (1) (dm). Incooperation with the department of natural resources, the centershall conduct an education and technical assistance program topromote pollution prevention in this state.

(30g) RECYCLING MARKET DEVELOPMENT PROGRAM. Theboard shall establish in the extension a program of education andtechnical assistance related to recycling market development.The program shall serve waste generators; solid waste scrap bro-kers, dealers and processors; business entities that use or could userecovered materials or that produce or could produce productsfrom recovered materials and persons who provide support ser-vices to those business entities; and the general public.

(30m) AGRICULTURAL TECHNOLOGY AND FAMILY FARM PRO-GRAMS. The board may establish agricultural technology and fam-ily farm programs in the College of Agricultural and Life Sciencesat the University of Wisconsin−Madison.

(31) BIOTECHNOLOGY EDUCATION; CONSUMERS. The boardshall establish extension programs to educate consumers aboutbiotechnology processes and products and risk assessment tech-niques.

(32) AGRICULTURAL SAFETY AND HEALTH CENTER. (a) Theboard shall establish an Agricultural Safety and Health Center inthe extension. The center shall do all of the following:

1. Develop curriculum and materials for a tractor andmachine operation safety training course for persons who are atleast 12 years of age but under 18 years of age that is equivalentto the requirements, other than age, specified under 29 CFR570.70 to 570.72.

https://docs.legis.wisconsin.gov/document/scr/40.03


https://docs.legis.wisconsin.gov/document/statutes/299.13(1)(dm)

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2. Perform instructor training and coordination necessary toprovide a statewide program of tractor and machinery operationsafety training to persons who are at least 12 years of age but under18 years of age and certification of persons successfully complet-ing such training.

3. Develop and disseminate educational and informationalmaterials and present programs on farm safety and health topics.

(b) The board shall award grants totaling not more than $500annually per county to sponsors of farm safety education, trainingor information programs. To be eligible for a grant, a sponsorshall:

1. Secure or provide equal matching funds from private orpublic sources.

2. Demonstrate the need for the program.

3. Demonstrate that the program for which a grant is soughtwas developed in consultation with extension personnel, publichealth personnel, vocational agriculture instructors or other per-sons with expertise or interest in farm safety topics.

(33) QUALITY IMPROVEMENT AWARDS. The board annuallymay award up to $500 each to no more than 10 system employeeswho make suggestions that result in significant quality improve-ments for the system relating to supplies and expenses. The boardshall appoint a council under s. 15.04 (1) (c) to nominate recipientsfor the awards. The board shall not make more than one award toan employee in the same fiscal year. An award is not part of anemployee’s base pay.

(34) CENTER FOR URBAN LAND ECONOMICS RESEARCH. Theboard shall establish a center for urban land economics researchin the School of Business at the University of Wisconsin−Madisonto conduct research and undertake educational, public outreachand grant activities related to real estate and urban land econom-ics.

(35m) HERBARIUM. The board shall maintain an herbarium atthe University of Wisconsin−Madison to be known as the “Wis-consin State Herbarium”.

(36) HIGHER EDUCATION LOCATION PROGRAM. The board shallmaintain in the extension a higher education location program toprovide information on undergraduate admission requirements,degree programs, enrollment, student financial aid, student hous-ing and admission forms.

(37) AREA HEALTH EDUCATION CENTER. The board shallmaintain at the University of Wisconsin−Madison an area healtheducation center to support community−based primary care train-ing programs.

(38) EDUCATIONAL TECHNOLOGY PROJECTS. (a) In this subsec-tion, “educational technology” has the meaning given in s. 16.99(3).

(b) The board shall provide for projects that have the followingpurposes:

1. The student information system.

2. The development of system technology infrastructure.

3. The development of curricula to train students enrolled inthe schools of education in the use of educational technology inprimary and secondary schools.

4. To provide professional development in the use of educa-tional technology for primary and secondary school teachers.

5. To provide faculty with educational technology and to trainfaculty in its use.

6. To pay the department of administration for telecommuni-cations services provided under s. 16.972 (1).

(39) INSTITUTE FOR EXCELLENCE IN URBAN EDUCATION. Thereis established an Institute for Excellence in Urban Education at theUniversity of Wisconsin−Milwaukee. The institute shall engagein research, public service and educational activities pertaining toissues in urban public education.

(42) DISTINGUISHED CHAIR OF MILITARY HISTORY. The boardshall establish a distinguished chair of military history at the Uni-versity of Wisconsin−Madison.

(44) INTERNATIONAL BUSINESS DEVELOPMENT. The Universityof Wisconsin−Milwaukee shall collaborate with other institutionsto develop and implement programs and training for Wisconsinbusinesses and University of Wisconsin System faculty in the areaof international business development.

(46) MENINGOCOCCAL DISEASE AND HEPATITIS B. (a) Theboard shall do all of the following:

1. Annually, provide detailed information on the risks associ-ated with meningococcal disease and hepatitis B and the availabil-ity and effectiveness of vaccines against the diseases to eachenrolled student, if he or she is at least 18 years old, or to the stu-dent’s parent or guardian, if the student is a minor.

2. Require a student who resides in a dormitory or residencehall, or the student’s parent or guardian if the student is a minor,to affirm that the student received the information under subd. 1.

3. Require a student who resides in a dormitory or residencehall to affirm whether he or she has received the vaccinationagainst meningococcal disease and to provide the date of the vac-cination, if any.

4. Require a student who resides in a dormitory or residencehall to affirm whether he or she has received the vaccinationagainst hepatitis B and to provide the date of the vaccination, ifany.

5. Maintain a confidential record of the affirmations and thedates of the vaccinations of each student under subds. 3. and 4.

(b) Nothing in this subsection requires the board to provide orpay for vaccinations against meningococcal disease or hepatitis B.

(47) DISCOVERY FARM GRANTS. (a) In this subsection, “dis-covery farm” means an operating commercial farm that conductson−farm research under the Wisconsin agricultural stewardshipinitiative.

(b) From the appropriation under s. 20.285 (1) (qr), the boardshall make grants through the extension to operators of discoveryfarms for research and outreach activities under the Wisconsinagricultural stewardship initiative.

(48) LUMBER GRADING TRAINING PROGRAM. (a) In this subsec-tion:

1. “Department” means the department of natural resources.

2. “Department employee” means an employee of the depart-ment who is knowledgeable in the marketing of forest productsand who is selected by the secretary to act under this subsection.

(b) The forest products outreach program at the University ofWisconsin−Stevens Point, in cooperation with the department,shall establish a basic lumber grading training program for indi-viduals and establish the general requirements for successfullycompleting the training program, including requirements for ini-tial certification and recertification. The training program shall beoffered in the extension on an annual basis. The faculty at the for-estry outreach program, in cooperation with the departmentemployee, shall develop and establish the content of the trainingprogram and shall determine the certification requirements forinstructors teaching the training program. Instructors shall be cer-tified by the department.

(c) The department, in cooperation with the board, shall estab-lish a procedure under which the department determines success-ful completion of the training program and issues certifications ofaccomplishment to the individuals who are certified or recertifiedas having successfully completed the training program. Under theprocedure, the department employee may delegate to the programinstructors the process of determining successful completion andissuing certificates of accomplishment.

(d) An individual holding an initial certificate of accomplish-ment shall be recertified under the training program every 5 years.

(e) The department employee may exempt from the trainingprogram an individual who has any of the following:

1. A bachelor’s or postgraduate degree in forest products orwood science and technology.





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2. A degree that is equivalent to a degree specified in subd.1.

3. A level of experience or background in understandingwood properties, construction, and design that the departmentemployee determines to be equivalent to the level of understand-ing held by an individual who successfully completes the trainingprogram.

(f) The department employee shall issue a certificate of accom-plishment to each individual who meets the requirement underpar. (e). A certificate of accomplishment issued under this subdi-vision applies only to the initial certification requirement and anindividual receiving such a certificate must be recertified asrequired under par. (d).

(49) ACADEMIC FEE INCREASE GRANTS. The board may makegrants to resident undergraduate students who do not receivegrants under s. 39.435 that are payable from the appropriationunder s. 20.235 (1) (fe), whose annual family income is less than$60,000, and who have unmet financial need. Beginning in fiscalyear 2011−12, the board may make a grant under this subsectiononly to those students enrolled in the system during fiscal year2010−11 who maintain continuous enrollment. A grant to a stu-dent under this subsection shall be in an amount determined by theboard that corresponds to any increase, or any portion of anincrease, in academic fees charged to the student, but may notexceed the amount of the student’s unmet need. The board maynot make a grant under this subsection to a student whose nameappears on the statewide support lien docket under s. 49.854 (2)(b), unless the student provides to the board a payment agreementthat has been approved by the county child support agency unders. 59.53 (5) and that is consistent with rules promulgated under s.49.858 (2) (a).

(49m) CAREER CONVERSATIONS PROGRAM. (a) In this subsec-tion:

1. “Center” means the Center on Education and Work at theUniversity of Wisconsin−Madison.

2. “Pilot period” means the period beginning on the date thatthe program is established and ending on May 15, 2011.

3. “Program” means the program established under par. (b).

(b) The center shall establish a program for students enrolledin grades 7 to 12 to engage in webcam conversations about careerswith individuals in this state who have careers in math, science,agricultural education, technology education, or informationtechnology. The center shall develop criteria for choosing theclassrooms that may participate in the program during the pilotperiod. The program shall satisfy all of the following:

1. The program shall select individuals for conversations whohave careers that the center determines are in the greatest demandin this state.

2. The program shall use student discussion guides developedby the center to facilitate the conversations.

3. The program shall allow for recording the conversationsfor future viewing, at schools or over the Internet, by interestedparties, including parents of students.

4. The program shall include requirements for promoting par-ticipation in the conversations among students, parents, and thebusiness community; measuring student participation in the con-versations; notifying parents and the business community afterconversations take place; and tracking the study plans of studentswho participate in the conversations.

(c) The center shall evaluate the effectiveness of the programduring the pilot period in promoting careers in math, science, agri-cultural education, technology education, and information tech-nology. If, based on the results of the evaluation, the center deter-mines that the program has been effective in promoting suchcareers, the center may continue the program after the pilot periodand may expand the program by allowing participation by addi-tional classrooms. The center shall prepare a report regarding the

evaluation and describing whether the center has continued orexpanded the program, and submit the report to the appropriatestanding committees of the legislature under s. 13.172 (3), thedepartment of public instruction, and the department of workforcedevelopment.

(50) SCHOOL OF PUBLIC HEALTH. The board may create aschool of public health at the University of Wisconsin−Milwau-kee.

(51) SCHOOL OF FRESHWATER SCIENCES. The board may createa school of freshwater sciences at the University of Wisconsin−Milwaukee.

(52) INCENTIVE GRANTS. (a) From the appropriation under s.20.285 (1) (gb), the board shall allocate $11,250,000 in fiscal year2013−14 and $11,250,000 in fiscal year 2014−15 to award grantsto institutions and the extension to provide funding for the follow-ing programs:

1. Economic development programs, as defined in s. 36.11(29r) (a).

2. Programs that have as their objective the development ofan educated and skilled workforce, such as the following:

a. Increasing the number of bachelor’s, master’s, and doctoraldegrees awarded in fields for which occupational demand is highor in fields that the board and the department of workforce devel-opment jointly determine to be high−demand fields.

b. Increasing the number of opportunities available to stu-dents to gain work experience in their fields through internshipsor cooperative work experiences.

c. Increasing or enhancing research and development.

3. Programs to improve the affordability of postsecondaryeducation for resident undergraduates, including reducing thetime required to obtain a degree, increasing the opportunitiesavailable for high school pupils to earn credit toward a postsec-ondary degree, and improving the transfer of credit between insti-tutions of higher education.

(b) The board may award grants under par. (a) for the creationor expansion of programs, courses, or services for a period of upto 3 years.

(53) BUSINESS PLAN COMPETITION. The board shall support abusiness plan competition program existing on May 25, 2010, atinstitutions and college campuses other than the University ofWisconsin−Madison that makes entrepreneurial expertise avail-able to students and that has ties to campus−based business plancontests and national organizations that foster student entrepre-neurism. The board shall provide financial support of no morethan $125,000 annually if the board receives matching funds forthe same purpose from private contributions.

(54) SCHOOL OF ENGINEERING AT UNIVERSITY OF WISCONSIN−

GREEN BAY. The board may create a school of engineering at theUniversity of Wisconsin−Green Bay.

(55) GRADUATE PSYCHIATRIC NURSING EDUCATION AT THE UNI-VERSITY OF WISCONSIN−MADISON. (a) In consultation with thechancellor of the University of Wisconsin−Madison, the boardshall do all of the following with respect to the graduate programin psychiatric mental health nursing at the University of Wiscon-sin−Madison:

1. Increase the number of students provided the opportunityto study to be board−eligible psychiatric mental health nurse prac-titioners.

2. Expand the instructional capacity available to teach psychi-atric mental health nursing.

3. Annually provide fellowships for graduate psychiatricmental health nursing students to participate in clinical rotationsin rural communities or areas with shortages of mental health pro-fessionals in this state. In order to receive a fellowship under thissubdivision, a student shall commit to passing applicable board

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certification and to practicing in this state for at least 2 years aftergraduation from the program.

(b) Costs associated with the board’s duties under par. (a) shallbe funded from the appropriation account under s. 20.285 (1) (c).

History: 1973 c. 333 ss. 68, 201f (2); 1973 c. 335; 1975 c. 39, 339, 408 Supp.;1975 c. 430 s. 80; 1977 c. 26, 29; 1977 c. 418 ss. 271 to 273, 924 (18) (e), (50); 1977c. 422; 1977 c. 447 s. 206; 1979 c. 34; 1979 c. 90 s. 23; 1979 c. 177; 1981 c. 20, 93,237, 314, 346; 1983 a. 27, 387, 524; 1983 a. 538 s. 271; 1985 a. 29; 1985 a. 182 s.57; 1985 a. 332 s. 251 (1); 1987 a. 27, 186, 399, 403; 1989 a. 31, 56, 249, 299, 325,335, 353, 359; 1991 a. 32, 39, 167, 269; 1993 a. 16, 27, 399, 455; 1995 a. 27 ss. 1767to 1775k, 9116 (5), 9126 (19), 9145 (1); 1995 a. 54, 101, 216, 225, 227, 378, 404, 417;1997 a. 27 ss. 1163 to 1168k, 9456 (3m); 1997 a. 164, 178; 1997 a. 237 ss. 82v, 722s;1997 a. 283; 1999 a. 9; 2001 a. 16, 103, 109; 2003 a. 33 ss. 933 to 935, 2811; 2003a. 48 ss. 10, 11; 2003 a. 61; 2003 a. 206 s. 23; 2005 a. 25 ss. 696, 697, 2493; 2005 a.404; 2007 a. 20 ss. 732t, 732x, 9121 (6) (a); 2007 a. 208; 2009 a. 28, 180, 185, 265,271; 2011 a. 10; 2011 a. 32; 2011 a. 260 s. 80; 2013 a. 20; 2015 a. 55; 2017 a. 59, 262.

36.27 Tuition. (1) BOARD OF REGENTS TO ESTABLISH. (a) Sub-ject to par. (b), the board may establish for different classes of stu-dents differing tuition and fees incidental to enrollment in edu-cational programs or use of facilities in the system. Except asotherwise provided in this section, the board may charge any stu-dent who is not exempted by this section a nonresident tuition.The board may establish special rates of tuition and fees for theextension and summer sessions and such other studies or coursesof instruction as the board deems advisable.

(b) The board shall permit a person who is 60 years of age orolder to audit a course without paying an auditor’s fee if the personis a resident of this state, as determined under sub. (2) (e), spaceis available in the course and the instructor approves.

(2) NONRESIDENT TUITION EXCEPTIONS. (a) Students qualify-ing under any of the following categories, while they continue tobe residents of this state, are entitled to exemption from nonresi-dent tuition but not from incidental or other fees:

1. Any adult student who has been a bona fide resident of thestate for 12 months next preceding the beginning of any semesteror session for which such student registers at an institution.

2. Any minor student, if one or both of the student’s parentshave been bona fide residents of this state for at least 12 monthsnext preceding the beginning of any semester or session for whichthe student registers at an institution.

3. Any adult student who is a dependent of his or her parentsunder 26 USC 152 (a), if one or both of the student’s parents havebeen bona fide residents of this state for at least 12 months nextpreceding the beginning of any semester or session for which thestudent registers at an institution.

4. Any minor student who has resided substantially in thisstate during the years of minority and at least 12 months next pre-ceding the beginning of any semester or session for which suchstudent registers at an institution.

5. Any minor student under guardianship in this state whoselegal guardian has been a bona fide resident of this state for at least12 months next preceding the beginning of any semester or ses-sion for which such student registers at an institution.

6. Any adult student who has been employed as a migrantworker for at least 2 months each year for 3 of the 5 years next pre-ceding the beginning of any semester or session for which the stu-dent registers at an institution, or for at least 3 months each yearfor 2 of the 5 years next preceding the beginning of any semesteror session for which the student registers at an institution, anyadult student whose parent or legal guardian has been soemployed while the student was a minor and any minor studentwhose parent or legal guardian has been so employed. In this sub-division, “migrant worker” has the meaning specified in s. 103.90(5).

(am) Any person who is a refugee, as defined under 8 USC1101 (a) (42), who moved to this state immediately upon arrivalin the United States and who has resided in this state continuouslysince then is entitled to the exemption under par. (a) if he or shedemonstrates an intent to establish and maintain a permanenthome in Wisconsin according to the criteria under par. (e).

(b) 1. Nonresident members of the armed forces and personsengaged in alternative service who are stationed in this state onactive duty and their spouses and children are entitled to theexemption under par. (a) during the period that such persons arestationed in this state.

2. Members of the armed forces who reside in this state andare stationed at a federal military installation located within 90miles of the borders of this state, and their spouses and children,are entitled to the exemption under par. (a).

3. Nonresident persons who served in active duty in the U.S.armed forces for at least 10 years, who were honorably dischargedfrom such service within 4 years before applying at an institution,and who filed state income tax returns for at least 8 of the last 10years of active duty in the U.S. armed forces, and their spouses andchildren are entitled to the exemption under par. (a).

4. A person who was a resident of this state at the time of entryinto active duty, who is a resident of and living in this state at thetime of registering at an institution, and who is a veteran, asdefined in s. 45.01 (12) is entitled to the exemption under par. (a).

(br) 1. Subject to subd. 3., a student who meets all of the fol-lowing requirements is entitled to the exemption under par. (a):

a. The student has resided in this state for 6 months immedi-ately preceding the beginning of any semester or session in whichthe student enrolls at an institution.

b. The student is a member of the Wisconsin national guardor a reserve unit of the U.S. armed forces when he or she enrollsin an institution and has been a member for the 6−month periodunder subd. 1. a.

c. While enrolled in an institution, the student continues to bea member of the Wisconsin national guard or reserve unit of theU.S. armed forces, or is honorably discharged or released underhonorable conditions from the national guard or a reserve unit ofthe U.S. armed forces.

2. If a student receiving the exemption under this paragraphwithdraws from an institution during a semester or sessionbecause he or she is called into state active duty or into active ser-vice with the U.S. armed forces for at least 30 days, the student isentitled to the exemption under this paragraph if he or she reen-rolls in an institution during the semester in which he or she is dis-charged, demobilized, or deactivated from active duty or in thenext succeeding semester.

3. The exemption under this paragraph is limited to 128 cred-its or 8 semesters, whichever is longer.

(c) Any student who is a graduate of a Wisconsin high schooland whose parents are bona fide residents of this state for 12months next preceding the beginning of any semester or sessionfor which the student registers at an institution or whose last sur-viving parent was a bona fide resident of this state for the 12months preceding death is entitled to the exemption under par. (a).

(cm) Any person continuously employed full time in this state,who was relocated to this state by his or her current employer orwho moved to this state for employment purposes and acceptedhis or her current employment before applying for admission to aninstitution and before moving, and the spouse and dependents ofany such person, are entitled to the exemption under par. (a) if thestudent demonstrates an intent to establish and maintain a perma-nent home in Wisconsin according to the criteria under par. (e).In this paragraph, “dependents” has the meaning given in 26 USC152 (a).

(d) Any person who has not been a bona fide resident of thestate for 12 months next preceding the beginning of any semesteror session for which such person registers at an institution, exceptas provided in this subsection, is not exempt from the payment ofthe nonresident tuition.

(e) In determining bona fide residence at the time of the begin-ning of any semester or session and for the preceding 12 monthsthe intent of the person to establish and maintain a permanenthome in Wisconsin is determinative. In addition to representa-





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https://docs.legis.wisconsin.gov/document/acts/2007/20,%20s.%20732t

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https://docs.legis.wisconsin.gov/document/statutes/36.27(2)(br)3.


https://docs.legis.wisconsin.gov/document/statutes/36.27(2)(br)1.a.









tions by the student, intent may be demonstrated or disproved byfactors including, but not limited to, timely filing of a Wisconsinincome tax return of a type that only full−year Wisconsin residentsmay file, voter registration in Wisconsin, motor vehicle registra-tion in Wisconsin, possession of a Wisconsin operator’s license,place of employment, self−support, involvement in communityactivities in Wisconsin, physical presence in Wisconsin for at least12 months preceding the beginning of the semester or session forwhich the student registers, and, if the student is not a U.S. citizen,possession of a visa that permits indefinite residence in the UnitedStates. Notwithstanding par. (a), a student who enters and remainsin this state principally to obtain an education is presumed to con-tinue to reside outside this state and such presumption continuesin effect until rebutted by clear and convincing evidence of bonafide residence.


(2m) APPEALS. Any body designated by the board to deter-mine nonresident tuition exemptions under sub. (2) may requirea student who has been granted such an exemption to submit infor-mation from which the body may determine the student’s eligibil-ity for the exemption, the student’s eligibility for a differentexemption or the student’s residency status.

(3) TUITION REMISSIONS. The board may remit nonresidenttuition either in whole or in part at each institution, but not otherfees:

(a) To nonresident students upon the basis of merit, to beshown by suitable tests, examinations, or scholastic records andcontinued high standards of scholastic attainment.

(b) To additional students who, in the judgment of the board,are deserving of relief from the assessment of nonresident tuition.

(f) In addition to the remissions of nonresident tuition underthis subsection, the board may, as athletic scholarships, grant fullremission of fees and nonresident tuition, up to the maximumnumber allowed by the appropriate athletic conference as recom-mended by the chancellor of each university.

(g) The board may remit nonresident tuition and fees, in wholeor part, to resident and nonresident graduate students who are fel-lows or who are employed within the system as faculty, instruc-tional academic staff, or assistants with an appointment equal toat least 33 percent of a full−time equivalent position.

(3m) FEE REMISSIONS FOR SURVIVORS. (a) In this subsection:

1. “Correctional officer” has the meaning given in s. 102.475(8) (a).

1g. “Emergency medical services technician” means an indi-vidual under s. 256.01 (4p) or (5).

1m. “Fire fighter” means any person employed by this stateor any political subdivision of this state as a member or officer ofa fire department whose duties include fire fighting or fire fightingtraining or a member of a volunteer fire department whose dutiesinclude fire fighting or fire fighting training.

2. “Law enforcement officer” has the meaning given in s.165.85 (2) (c) and includes a person appointed as a conservationwarden under s. 23.10.

(b) The board shall grant full remission of fees to any residentundergraduate student who is enrolled in a bachelor’s degree pro-gram and who is any of the following:

1. The child of an ambulance driver, correctional officer, firefighter, emergency medical services technician or law enforce-ment officer who was killed in the line of duty in this state or whoqualified for a duty disability benefit, as defined in s. 40.65 (4),under the Wisconsin Retirement System, the Employees’ Retire-ment System of the city of Milwaukee, or the Milwaukee CountyEmployee’s Retirement System and died as a result of the qualify-ing disability. The student must be the child of an ambulancedriver, correctional officer, fire fighter, emergency medical ser-vices technician or law enforcement officer who was so killed orwho died as a result of the qualifying disability when the child wasunder the age of 21 or before the child was born.

2. The surviving spouse of an ambulance driver, correctionalofficer, fire fighter, emergency medical services technician or lawenforcement officer who was killed in the line of duty in this stateor who qualified for a duty disability benefit, as defined in s. 40.65(4), under the Wisconsin Retirement System, the Employees’Retirement System of the city of Milwaukee, or the MilwaukeeCounty Employee’s Retirement System and died as a result of thequalifying disability.

(c) The fee remission under par. (b) shall remain in effect untilcompletion of a sufficient number of credits to be awarded a bach-elor’s degree in the student’s major field of study, except that a stu-dent must be in good academic standing to receive the remissionfor the next semester and may not receive a remission for morethan 5 consecutive years.

(3n) FEE REMISSION FOR SPOUSE, SURVIVING SPOUSE, AND CHIL-DREN OF CERTAIN VETERANS. (a) In this subsection:

1g. “Academic fees” means the amount charged to a residentstudent to enroll in a degree credit course, including the Universityof Wisconsin−Madison Executive MBA Program. In the case ofa distance education, online, or other course for which the amountcharged to enroll in the course equals at least 100 percent of thecost of offering the course, “academic fees” includes the regularfees charged to a resident student to enroll in the course and anyadditional fees charged to that student to enroll in that course,other than fees charged for books, supplies, meals, parking, travel,and other miscellaneous expenses incurred for attending thecourse.

1m. “Eligible veteran” means a person verified by the depart-ment of veterans affairs to be either of the following:

a. A person who has served on active duty under honorableconditions in the U.S. armed forces, in forces incorporated as partof the U.S. armed forces, in the national guard, or in a reserve com-ponent of the U.S. armed forces; who was a resident of this stateat the time of entry into that service or resided in this state for atleast 5 consecutive years after the person attained the age of 18;and who, while a resident of this state, died on active duty, died asthe result of a service−connected disability, or died in the line ofduty while on active or inactive duty for training purposes.

b. A person who was a resident of this state at the time of entryinto service described in subd. 1m. a. or resided in this state for atleast 5 consecutive years immediately preceding the beginning ofany semester or session for which the person’s spouse or childdescribed in par. (b) 1., 2., or 3. registers at an institution, and whothe U.S. department of veteran affairs has awarded at least a 30percent service−connected disability rating under 38 USC 1114 or1134.

(am) In determining a person’s residency at the time of entryinto service under par. (a) 1m. a. or b., the state from which the per-son entered service is irrelevant.

(b) Except as provided in pars. (bd) and (bg), the board shallgrant full remission of academic fees and segregated fees for 128credits or 8 semesters, whichever is longer, less the number ofcredits or semesters for which the person received remission offees under s. 38.24 (7) and less the amount of any academic feesor segregated fees paid under 38 USC 3319, to any resident stu-dent who maintains a cumulative grade point average of at least2.0 and is also any of the following:

1. A spouse of an eligible veteran.

2. An unremarried surviving spouse of an eligible veteran.

3. A child of an eligible veteran, if the child is at least 17 butnot yet 26 years of age.

(bd) If an eligible veteran was not a resident of this state at thetime of entry into service described in par. (a) 1m. a., the boardmay grant a remission of academic fees and segregated fees underthis subsection only if the eligible veteran’s spouse or childdescribed in par. (b) 1., 2., or 3. has resided in this state for at least5 consecutive years immediately preceding the spouse’s or child’senrollment in an institution.






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https://docs.legis.wisconsin.gov/document/statutes/36.27(3n)(a)1m.a.

https://docs.legis.wisconsin.gov/document/statutes/36.27(3n)(b)1.






https://docs.legis.wisconsin.gov/document/statutes/36.27(3n)(a)1m.b.

https://docs.legis.wisconsin.gov/document/statutes/36.27(3n)(bd)

https://docs.legis.wisconsin.gov/document/statutes/36.27(3n)(bg)










(bg) Before the Board of Regents may grant a remission of aca-demic fees and segregated fees under par. (b), the Board ofRegents shall require the resident student to apply to the paymentof those fees all educational assistance to which the resident stu-dent is entitled under 38 USC 3319. If that educational assistancecovers 100 percent of those fees for a credit or semester, that creditor semester shall not count against the 128 credit or 8 semesterlimit provided in par. (b). If that educational assistance covers lessthan 100 percent of those fees for a credit or semester and theremission under par. (b) covers the remainder of those fees, thecredit or semester shall count against that limit in the proportionthat the remission bears to the total academic fees and segregatedfees charged for that credit or semester. This requirement appliesnotwithstanding the fact that the resident student may be entitledto educational assistance under 10 USC 16132a, 10 USC 16163a,or 38 USC 3500 to 3566 as well as under 38 USC 3319, unless theresident student has 12 months or less of eligibility remaining foreducational assistance under 10 USC 16132a, 10 USC 16163a, or38 USC 3500 to 3566.

(bm) 1. For a resident student who is entitled to educationalassistance under 10 USC 16132a, 10 USC 16163a, or 38 USC3500 to 3566 and under 38 USC 3319, if the amount of educa-tional assistance, not including educational assistance for tuition,to which the resident student is entitled under 10 USC 16132a, 10USC 16163a, or 38 USC 3500 to 3566 is greater than the amountof educational assistance, not including educational assistance fortuition, that the resident student received under 38 USC 3319, asdetermined by the higher educational aids board, in the academicyear the higher educational aids board shall reimburse the residentstudent for the difference in those amounts of educational assist-ance, as calculated by the higher educational aids board, from theappropriation account under s. 20.235 (1) (fz). The higher educa-tional aids board shall make that determination and calculation inconsultation with the Board of Regents.

2. If in any fiscal year there are insufficient moneys availablein the appropriation account under s. 20.235 (1) (fz) to provide fullreimbursement under subd. 1. to all resident students who are eli-gible for that reimbursement, the higher educational aids boardand the Board of Regents shall reimburse those resident studentsas provided in s. 39.50 (4).

(c) The higher educational aids board shall reimburse theboard of regents for all academic fees and segregated fees remittedunder par. (b) as provided in s. 39.50 (1) and (3m).

(3p) FEE REMISSION FOR VETERANS. (a) In this subsection:

1g. “Academic fees” has the meaning given in sub. (3n) (a)1g.

1m. “Nonresident tuition” means the amount charged to anonresident student to enroll in a degree credit course, includingthe University of Wisconsin−Madison Executive MBA Program.In the case of a distance education, online, or other course forwhich the amount charged to enroll in the course equals at least100 percent of the cost of offering the course, “nonresidenttuition” includes the regular fees charged to a nonresident studentto enroll in the course and any additional fees charged to that stu-dent to enroll in that course, other than fees charged for books,supplies, meals, parking, travel, and other miscellaneous expen-ses incurred for attending the course.

1r. “Veteran” means a person who is verified by the depart-ment of veterans affairs as being a resident of this state for pur-poses of receiving benefits under ch. 45; as being a resident of thisstate at the time of his or her entry into the U.S. armed forces orforces incorporated in the U.S. armed forces or as being a residentof this state for at least 5 consecutive years immediately precedingthe beginning of any semester or session for which the person reg-isters at an institution; and as meeting any of the following condi-tions:

a. The person has served on active duty for at least one quali-fying term of service under subd. 1r. b. to d. under honorable con-

ditions in the U.S. armed forces or in forces incorporated as partof the U.S. armed forces during a war period or in a crisis zone.

b. The person has served on active duty in the U.S. armedforces or in forces incorporated in the U.S. armed forces underhonorable conditions, for 2 continuous years or more or for the fullperiod of his or her initial service obligation, whichever is less.

c. The person has served on active duty for 90 days or moreunder honorable conditions in the U.S. armed forces or in forcesincorporated in the U.S. armed forces during a war period or forany period of service under section 1 of executive order 10957dated August 10, 1961.

d. The term of service in the U.S. armed forces or in forcesincorporated as part of the U.S. armed forces under honorableconditions entitled the person to receive the Armed Forces Expe-ditionary Medal, established by executive order 10977 on Decem-ber 4, 1961, the Vietnam Service Medal established by executiveorder 11231 on July 8, 1965, the Navy Expeditionary Medal, theMarine Corps Expeditionary Medal, or an equivalent expedition-ary or service medal.

e. The person was honorably discharged from the U.S. armedforces or from forces incorporated in the U.S. armed forces for aservice−connected disability, for a disability subsequently adjudi-cated to have been service connected, or for reasons of hardship.

f. The person was released under honorable conditions fromthe U.S. armed forces or from forces incorporated in the U.S.armed forces due to a reduction in the U.S. armed forces.

(am) In determining a person’s residence at the time of entryinto service under par. (a) 1r., the state from which the personentered service is irrelevant.

(b) Except as provided in par. (bg), the board shall grant fullremission of nonresident tuition, academic fees, and segregatedfees charged for 128 credits or 8 semesters, whichever is longer,less the number of credits or semesters for which the personreceived remission of fees under s. 38.24 (8) and less the amountof any academic fees or segregated fees paid under 10 USC 2107(c), 38 USC 3104 (a) (7) (A), or 38 USC 3313, to any student whois a veteran and maintains a cumulative grade point average of atleast 2.0.

(bg) Before the Board of Regents may grant a remission ofnonresident tuition, academic fees, and segregated fees under par.(b), the board shall require the student to apply to the payment ofthat tuition and those fees all educational assistance to which thestudent is entitled under 38 USC 3313. If that educational assist-ance covers 100 percent of that tuition and those fees for a creditor semester, that credit or semester shall not count against the 128credit or 8 semester limit provided in par. (b). If that educationalassistance covers less than 100 percent of that tuition and thosefees for a credit or semester and the remission under par. (b) coversthe remainder of that tuition and those fees, the credit or semestershall count against that limit in the proportion that the remissionbears to the total nonresident tuition, academic fees, and segre-gated fees charged for that credit or semester. This requirementapplies notwithstanding the fact that the student may be entitledto educational assistance under 10 USC 16131 to 16137, 10 USC16161 to 16166, or 38 USC 3001 to 3036 as well as under 38 USC3313, unless the student has 12 months or less of eligibilityremaining for educational assistance under 10 USC 16131 to16137, 10 USC 16161 to 16166, or 38 USC 3001 to 3036.

(bm) 1. For a student who is entitled to educational assistanceunder 10 USC 16131 to 16137, 10 USC 16161 to 16166, or 38USC 3001 to 3036 and under 38 USC 3313, if the amount of edu-cational assistance, not including educational assistance fortuition, to which the student is entitled under 10 USC 16131 to16137, 10 USC 16161 to 16166, or 38 USC 3001 to 3036 is greaterthan the amount of educational assistance, not including educa-tional assistance for tuition, that the student received under 38USC 3313, as determined by the higher educational aids board, inthe academic year the higher educational aids board shall reim-

https://docs.legis.wisconsin.gov/document/statutes/36.27(3n)(b)




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https://docs.legis.wisconsin.gov/document/statutes/20.235(1)(fz)


https://docs.legis.wisconsin.gov/document/statutes/36.27(3n)(bm)1.





https://docs.legis.wisconsin.gov/document/statutes/36.27(3n)(a)1g.

https://docs.legis.wisconsin.gov/document/statutes/36.27(3n)(a)1g.


https://docs.legis.wisconsin.gov/document/statutes/36.27(3p)(a)1r.b.

https://docs.legis.wisconsin.gov/document/statutes/36.27(3p)(a)1r.d.

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burse the student for the difference in those amounts of educa-tional assistance, as calculated by the higher educational aidsboard, from the appropriation account under s. 20.235 (1) (fz).The higher educational aids board shall make that determinationand calculation in consultation with the Board of Regents.

2. If in any fiscal year there are insufficient moneys availablein the appropriation account under s. 20.235 (1) (fz) to provide fullreimbursement under subd. 1. to all students who are eligible forthat reimbursement, the higher educational aids board and theBoard of Regents shall reimburse those students as provided in s.39.50 (4).

(c) The higher educational aids board shall reimburse theboard of regents for all nonresident tuition, academic fees, andsegregated fees remitted under par. (b) as provided in s. 39.50 (1)and (3m).

(3r) FEE REMISSIONS FOR FUNERAL ASSISTANTS. The board shallgrant a $25 remission of nonresident tuition or academic fees toany student enrolled in the system as an undergraduate for eachvalid voucher issued to the student under s. 45.60 (3).

(4) TUITION AWARD PROGRAM. (a) The board may annuallyexempt from nonresident tuition, but not from incidental or otherfees, up to 300 students enrolled at the University of Wisconsin−Parkside as juniors or seniors in programs identified by that insti-tution as having surplus capacity and up to 225 students enrolledat the University of Wisconsin−Superior in programs identified bythat institution as having surplus capacity.

(d) The University of Wisconsin−Parkside and the Universityof Wisconsin−Superior shall give preference in admissions to res-idents of this state over nonresidents who would be exempt fromnonresident tuition under par. (a).

(5) FEE STATEMENT. (a) In this subsection, “state funds” meansthe total amount of general purpose revenue appropriated unders. 20.285 in any fiscal year.

(b) 1. The board shall ensure that every student’s bill for aca-demic fees or nonresident tuition includes the following state-ment: “The legislature and the governor have authorized $.... instate funds for the University of Wisconsin System during the ....academic year. This amount represents an average subsidy of $....from the taxpayers of Wisconsin for each student enrolled in theUniversity of Wisconsin System.”

2. The board shall calculate the average subsidy for the pur-pose of the fee statement under subd. 1. by dividing state funds inthe appropriate fiscal year by the number of full−time equivalentstudents enrolled in the system in the most recent fall semester.

(d) 1. The board shall ensure that the segregated fees applica-ble at each institution and college campus are posted on the Inter-net website of the institution or college campus. The board shallalso ensure that detailed information on the organizations andactivities for which allocable segregated fees are expended at eachinstitution and college campus are posted on the Internet web siteof the institution or college campus.

2. The board shall ensure that each student’s bill for academicfees or nonresident tuition for a semester or session includes eachof the following:

a. The total amount of academic fees or nonresident tuitionassessed on the student, which shall be listed separately from theamount specified in subd. 2. b.

b. The total amount of segregated fees assessed on the stu-dent, which shall be listed separately from the amount specifiedin subd. 2. a.

c. The Internet website address specified in subd. 1. for theinstitution or college campus at which the student is enrolled.

(6) SEGREGATED FEES. (a) The board shall ensure that segre-gated fees are used only for the purpose for which they arecharged.

(b) The board may provide students with the opportunity topay an additional fee to support an inter−institutional student gov-

ernment organization. The board may not require students to paythe fee.

History: 1973 c. 333 ss. 68g, 68k, 201f (2); 1973 c. 335; 1975 c. 39, 199; 1977c. 29; 1981 c. 20; 1983 a. 407; 1985 a. 51, 192; 1987 a. 399; 1989 a. 31 ss. 709p to710, 2908; 1989 a. 67, 181, 359; 1991 a. 39, 168, 169; 1993 a. 16; 1995 a. 27, 228;1997 a. 27, 163, 237; 1999 a. 9, 130, 154, 186; 2001 a. 16, 38; 2003 a. 33 ss. 936, 9160;2003 a. 42, 185, 320; 2005 a. 22, 25, 320, 387, 404, 468; 2007 a. 20, 130; 2009 a. 28;2011 a. 32; 2013 a. 20, 173; 2015 a. 55; 2017 a. 12, 59; 2017 a. 365 s. 112.

A student who challenges his or her nonresident status unsuccessfully must reap-ply before the beginning of any new semester when he or she claims that status haschanged. Hancock v. Regents of UW, 61 Wis. 2d 484, 213 N.W.2d 45 (1973).

The 11th amendment to the U.S. constitution, which bars private litigants’ suitsagainst nonconsenting states in federal courts barred a nonresident student’s actionasserting that the University violated his constitutional rights to equal protection bycharging him out−of−state tuition. Joseph v. Board of Regents of the University ofWisconsin System., 432 F.3d 746 (2005).

36.29 Gifts; golf course. (1) All gifts, grants, and bequestsfor the benefit or advantage of the system or any of its institutions,departments, or facilities or to provide any means of instruction,illustration, or knowledge in connection therewith, whether madeto trustees or otherwise, shall be valid notwithstanding any otherprovision of this chapter except as otherwise provided in this sub-section and shall be executed and enforced according to the provi-sions of the instrument making the same, including all provisionsand directions in any such instrument for accumulation of theincome of any fund or rents and profits of any real estate withoutbeing subject to the limitations and restrictions provided by lawin other cases; but no such income accumulation shall be allowedto produce a fund more than 20 times as great as that originallygiven. No investment of the funds of such gifts, grants, orbequests shall knowingly be made in any company, corporation,subsidiary, or affiliate that practices or condones through itsactions discrimination on the basis of race, religion, color, creed,or sex. Except as otherwise provided in this section, the boardmay invest not to exceed 85 percent of trust funds held and admin-istered by the board in common stocks. This subsection does notapply to a gift, grant, or bequest that the board declines to acceptor that the board is not authorized to accept under this section.

(2) All gifts, grants, or bequests under sub. (1) may be madeto the board, the president, a chancellor, or any officer, or to anyperson as trustee, or may be charged upon any personal represen-tative, trustee, heir, devisee, or legatee, or made in any other man-ner indicating an intention to create a trust, and may be made aswell for the benefit of the system or any of its institutions, colleges,schools, departments, or facilities to provide any means of instruc-tion, illustration, or knowledge in connection therewith, or for thebenefit of any students or any class or group of students whetherby way of scholarship, fellowship, or otherwise, or whether for thebenefit of students or any class or group of students in any course,subcourse, special course, postgraduate course, summer school orteachers course, oratorical or debating course, laboratory, shop,lectureship, drill, gymnasium or any other like division or depart-ment of study, experiment, research, observation, travel, or mentalor physical improvement in any manner connected with the sys-tem, or to provide for the voluntary retirement of any of the fac-ulty.

(3) It shall not be necessary for a gift, grant, devise or bequestto exactly or particularly describe the members of a class or groupof students intended to be the beneficiaries, but it shall be suffi-cient to describe the class or group. In such case, the board shalldivide, graduate or otherwise categorize the students into suchclasses or groups as are necessary to select and determine thosestudents belonging to the class or group intended.

(4) Any grant, contract, gift, endowment, trust or segregatedfunds bequeathed or assigned to an institution or its componentparts for any purpose whatsoever shall not be commingled or reas-signed.

(5) (a) Except as provided in par. (b), the board may notacquire or make a commitment to operate any golf course notowned by the board prior to July 2, 1983, without specific authori-zation by the legislature.



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(b) Notwithstanding s. 20.924 (1), the board may accept a giftof a golf course for the University of Wisconsin−Madison if nogeneral purpose revenues are used in the acquisition, developmentor operation of that golf course.

(6) The board may not accept any gift, grant or bequest of realproperty with a value in excess of $150,000 except as provided ins. 13.48 (2) (b) 1m.

(7) The board may not accept any gift, grant or bequest of abuilding or structure that is constructed for the benefit of the sys-tem or any institution unless acceptance is first approved by thebuilding commission, or unless the plans and specifications forthe building or structure are reviewed and approved by the depart-ment of administration and the building or structure is inspectedas provided in s. 16.85 (12).

(8) This section does not apply to a private gift or grant madeto the office of educational opportunity.

History: 1973 c. 335; 1983 a. 27, 192; 1987 a. 27; 1989 a. 31; 1991 a. 39; 1995a. 243; 2001 a. 102; 2003 a. 264; 2011 a. 32; 2015 a. 55.

The university cannot accept trust funds that are for an unlawful purpose, and theexpenditure of trust funds must comply with special and general laws. Execution ofa trust, whether restricted or unrestricted funds are involved, must be in a lawful man-ner not in conflict with other express statutes. 62 Atty. Gen. 4.

Student loan funds established by gift for the benefit of students are trust funds.62 Atty. Gen. 109.

Sub. (1), which prohibits investment of university funds in companies that practiceor condone discrimination, is not unconstitutional. 67 Atty. Gen. 20.

Constitutionality of the no discrimination clause regulating University of Wiscon-sin investments. Guynn, 1978 WLR 1059.

36.30 Sick leave. Leave of absence for employees with pay,owing to sickness, shall be regulated by rules of the board, exceptthat unused sick leave shall accumulate from year to year.

History: 1975 c. 88; 1981 c. 96 ss. 22, 67; 1981 c. 386; 1997 a. 237; 2011 a. 32;2013 a. 20 ss. 2365m, 9448.

36.31 Coordination with other educational agencies;credit for military education. (1) The board shall not, with-out the approval of the technical college system board, broadenthe system’s post−high school training mission to include thepreparation of persons for semiprofessional or skilled−trade occu-pations beyond those offered during the 1972−73 academic year.The technical college system board shall not, without the approvalof the board of regents, broaden its system’s collegiate transferprogram offerings beyond those in existence during the 1972−73academic year. In this section, “collegiate transfer program” hasthe meaning given in s. 38.01 (3).

(2) The technical college system board, in agreement with theboard may designate courses other than those covered under sub.(1) as transferable for collegiate credit between the 2 systems.

(2m) (a) In this subsection:

1. “Association” means the Wisconsin Association of Inde-pendent Colleges and Universities.

2. “Core general education courses” means courses generallyrequired for an undergraduate degree that are prerequisite or oth-erwise in addition to the courses required for an undergraduatedegree in a specific course of study.

3. “Private college” means a private, nonprofit institution ofhigher education that is a member of the association.

(b) Notwithstanding s. 36.09 (3) (a), the Board of Regents andthe technical college system board shall, and the governing boardsof tribally controlled colleges in this state and the association, onbehalf of private colleges, may, enter into and implement anagreement that identifies core general education courses totalingnot fewer than 30 credits and establishes policies for ensuring that,beginning in the 2014−15 academic year, credits for completingthe courses are transferable and would satisfy general educationrequirements at the receiving institution or college, between andwithin each institution, college campus, and technical college, andeach tribally controlled college and private college that elects toparticipate in the agreement.

(c) The Board of Regents and the technical college systemboard shall ensure that the governing bodies of tribally controlled

colleges and the association, on behalf of private colleges, havean opportunity to elect to participate in the agreement specified inpar. (b).

(4) Upon receiving from the federal department of defense astudent’s official joint services transcript or Community Collegeof the Air Force transcript, the institution or college campus inwhich the student is enrolled shall do the following:

(a) Accept all American Council on Education credit recom-mendations included in the official joint services transcript andaward academic credit to the student in accordance with these rec-ommendations.

(b) Accept all credits included in the Community College ofthe Air Force transcript and award academic credit to the studentaccordingly.

History: 1973 c. 335; 1977 c. 29; 1979 c. 34; 1991 a. 39; 1993 a. 399; 2013 a. 20;2013 a. 168 s. 21; 2015 a. 55; 2017 a. 59.

36.32 Student identification numbers. (1) In this sec-tion, “institution of higher education” means an institution withinthe system or a private educational institution located in this statethat awards a bachelor’s or higher degree or provides a programthat is acceptable toward such a degree.

(2) An institution of higher education may assign to each stu-dent enrolled in the institution a unique identification number. Aninstitution of higher education shall not assign to any student anidentification number that is identical to or incorporates the stu-dent’s social security number. This subsection does not prohibitan institution of higher education from requiring a student to dis-close his or her social security number, nor from using a student’ssocial security number if such use is required by a federal or stateagency or private organization in order for the institution or thestudent to participate in a particular program.

History: 2003 a. 282 ss. 1 to 3.

36.33 Agricultural lands. (1) LEGISLATIVE INTENT. The leg-islature finds and determines that, because of the problems result-ing from the development of cities, villages, towns, and countiesaround certain agricultural lands of the University of Wisconsin−Madison, the desirability of consolidating lands used for agricul-tural instruction, research and extension purposes, the desirabilityof disposing of agricultural lands no longer needed by the univer-sity and the need for land of better quality and of greater quantityfor the purpose of improving and expanding agricultural research,it is in the public interest for the board to sell, lease, or exchange,in whole or in part, the agricultural lands and improvementsthereon owned by the board and used by the University of Wiscon-sin−Madison for the purpose of agricultural instruction andresearch and to purchase or otherwise acquire other agriculturallands or other lands intended to be used by the University of Wis-consin−Madison for the purpose of agricultural instruction andresearch. The foregoing policy determination is made withoutreference to or intention of limiting the powers which the boardmay otherwise have. The purchase or acquisition of lands or inter-ests therein under this subsection is exempt from s. 20.914 (1).

(2) METHOD OF SALE OR LEASE; ASSESSMENTS. (a) The board,in selling or leasing any part of the agricultural lands and improve-ments thereon under sub. (1), shall sell or lease on the basis ofeither of the following:

1. Public bids, with the board reserving the right to reject anyor all bids in the best interest of the state.

2. Negotiated prices.

(b) Notwithstanding any provisions of law to the contrary, thelands sold, leased, or exchanged under sub. (1) shall be subject tospecial assessments for public improvements by cities, villages,and towns, in the same manner and to the same extent as privatelyowned lands, if the public improvements are of direct and substan-tial benefit to the lands that have been platted for sale.

(3m) EXCHANGE. The board may exchange under sub. (1) partor all of any parcel of agricultural land for any other land ofapproximately equal value if all of the following are satisfied:


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(a) The lands exchanged are of a like kind.

(b) The board determines that the exchange contributes to theconsolidation or completion of a block of land, enhances the con-servation of agricultural lands, or is otherwise in the public inter-est.

(4) PROCEEDS. The net proceeds from the sale, lease,exchange, purchase, or other acquisition of agricultural lands andimprovements under sub. (1) shall be deposited into a nonlapsiblefund for the purpose of purchasing additional land under sub. (1)or erecting facilities for research and instruction in animal hus-bandry, agricultural engineering, and agricultural and life sci-ences at the University of Wisconsin−Madison. Such funds shallbecome available only upon consent and recommendation of theboard and, if used for the erection of facilities, upon authorizationby the building commission. Authorization of the building com-mission is not required to make such funds available for the pur-chase of land.

History: 1973 c. 335; 1977 c. 418; 1983 a. 36 s. 96 (4); 1995 a. 225; 2001 a. 103;2013 a. 20; 2015 a. 230.

36.335 Sale of other land; buildings and structures. Ifthe board sells any real property under its jurisdiction, the boardshall credit the net proceeds of the sale to the appropriationaccount under s. 20.285 (1) (gb) except that if there is any out-standing public debt used to finance the acquisition, construction,or improvement of any property that is sold, the board shalldeposit a sufficient amount of the net proceeds from the sale of theproperty in the bond security and redemption fund under s. 18.09to repay the principal and pay the interest on the debt, and any pre-mium due upon refunding any of the debt. If the property wasacquired, constructed, or improved with federal financial assist-ance, the board shall pay to the federal government any of the netproceeds required by federal law. If the property was acquired bygift or grant or acquired with gift or grant funds, the board shalladhere to any restriction governing use of the proceeds.

History: 2009 a. 28 s. 3407; Stats. 2009 s. 36.335; 2011 a. 32; 2015 a. 230.

36.34 Minority student programs. (1) BEN R. LAWTON

MINORITY UNDERGRADUATE GRANT PROGRAM. (a) In this subsec-tion “minority undergraduate” means an undergraduate studentwho:

1. Is a Black American.

2. Is an American Indian.

3. Is a Hispanic, as defined in s. 16.287 (1) (d).

4. Is a person who is admitted to the United States afterDecember 31, 1975, and who either is a former citizen of Laos,Vietnam or Cambodia or whose ancestor was or is a citizen ofLaos, Vietnam or Cambodia.

(b) The board shall establish a grant program for minorityundergraduates enrolled in the system. The board shall designateall grants under this subsection as Lawton grants. The board maynot make a grant under this subsection to a person whose nameappears on the statewide support lien docket under s. 49.854 (2)(b), unless the person provides to the board a payment agreementthat has been approved by the county child support agency unders. 59.53 (5) and that is consistent with rules promulgated under s.49.858 (2) (a).

History: 1985 a. 29; 1987 a. 27 ss. 666g, 666i, 670 to 673, 675; 1989 a. 31; 1991a. 39; 1993 a. 16; 1995 a. 404; 1999 a. 9; 2001 a. 109; 2003 a. 33; 2005 a. 25, 254;2009 a. 28; 2011 a. 32.

36.35 Misconduct; campus security. (1) POWER TO SUS-PEND; RULES. The board may delegate the power to suspend orexpel students for misconduct or other cause prescribed by theboard. Subject to sub. (4), the board shall promulgate rules underch. 227 governing student conduct and procedures for the admin-istration of violations.

(2) AUTHORITY TO RESTRICT PRESENCE OF PERSONS ON CAMPUS.

The chancellor of each institution or the chief security officerthereof during a period of immediate danger or disruption maydesignate periods of time during which the campus and designated

buildings and facilities connected therewith are off limits to allpersons who are not faculty, academic staff, employees, studentsor any other personnel authorized by the above named officials.Any person violating such order shall be subject to the penaltiesprovided by law for criminal trespass.

(3) REQUIRING PERMISSION FOR PRESENCE ON CAMPUS. Anyperson who is convicted of any crime involving danger to propertyor persons as a result of conduct by that person which obstructs orseriously impairs activities run or authorized by an institution andwho, as a result of such conduct, is in a state of suspension orexpulsion from the institution, and who enters property of thatinstitution without permission of the chancellor of the institutionor the chancellor’s designee within 2 years, may for each suchoffense be fined not more than $500 or imprisoned not more than6 months, or both.

(4) UNDERAGE ALCOHOL VIOLATIONS. The board or an institu-tion or college campus may not impose any of the following disci-plinary sanctions against a student for the student’s violation of s.125.07 (4) (a) or (b), if the student is exempt under s. 125.07 (5)from issuance of a citation for, or conviction of, the violation:

(a) Removal from a course in progress.

(b) Enrollment restrictions on a course or program.

(c) Suspension or expulsion.

(d) Exclusion from student housing.History: 1973 c. 335; 1985 a. 332 s. 251 (1); 1991 a. 316; 2015 a. 279.Cross−reference: See also chs. UWS 14 and 17, Wis. adm. code.

36.36 Grants for study abroad. The board may award agrant of up to $2,000 to a resident undergraduate student to assistin paying the costs associated with the student’s study abroad if thestudent satisfies all of the following criteria:

(1) The student demonstrates financial need for the grant, asdetermined by the board.

(2) The student is enrolled full−time in the system in thesemester preceding the student’s study abroad.

(3) The student is enrolled in a program leading to an associateor bachelor’s degree.

History: 1999 a. 9, 152; 2011 a. 32.

36.37 Downer Woods and buildings preservation.(1) STATEMENT OF PURPOSE. The purpose of this section is to pro-mote the permanent conservation and enhancement, by the Uni-versity of Wisconsin−Milwaukee, of the area known as DownerWoods; to designate and protect, as a permanent conservancyarea, at least 10 acres of the woods; and to permit limited modifi-cation, in a manner consistent with the aforesaid purposes, of thatportion of the woods whose present character as park and wood-land lends itself to utilization, by the university and the surround-ing community, as essential recreational and aesthetic corridors.

(2) LEGISLATIVE FINDINGS. The legislature finds it in the publicinterest to recognize and foster the principle of environmentalquality in the area known as Downer Woods by preserving it as aconservancy area and protecting it, consistent with sub. (4), fromencroachment or disparate uses. The woods is the sole remainingnatural area remaining on the campus of the University of Wiscon-sin−Milwaukee, and as such, its preservation and enhancement isconsistent with the university’s recognition of its need to protectand enhance its own physical environment, and to serve the press-ing human need of its faculty, students and staff, as well as thegreater Milwaukee community, to live and work in an urban envi-ronment which respects those portions of unspoiled nature whichyet exist. The woods is a unique asset; it provides visual relief tothe concentrated building pattern surrounding it, complements theurban landscape and affords aesthetically and psychologicallyattractive places for people to congregate and relax. In addition,the woods serves as a refuge for wildlife and vegetation, and is,therefore, an important educational, scientific and ecologicalresource to the university and the community. Its presenceimparts priceless recreational and aesthetic values.











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(3) DEFINITIONS. In this section, “Downer Woods” or “thewoods” means those parcels of wood, parkland and buildingscomprising more than 21.4337 acres located on the campus of theUniversity of Wisconsin−Milwaukee, and divided into 5 separateand distinct categories, which categories shall define the properand permissible uses of the parcels, as follows:

(a) Permanent conservation area, consisting of 11.101 acres,which is to be physically defined by means of fencing or othersuitable means.

(b) Permanently reserved woodland, consisting of 3.018 acres.

(c) Park and woodland areas, consisting of 4.686 acres, whichmay be subject to limited modification, such as landscaping, butwhich are to be protected from disparate uses and encroachment.

(d) The buildings and grounds of the former Downer collegewith any reconstruction or renovation which may be authorized bythe board.

(e) Park and woodland areas, consisting of 2.6287 acres, whichmay be subject to limited modifications, such as landscaping andutility lines.

(4) DOWNER WOODS CONSERVATION. (a) That portion ofDowner Woods designated a permanent conservation area is to beforever protected from encroachment or disparate uses, and itsboundaries are to be defined and protected by fencing or othersuitable means. The chancellor of the University of Wisconsin−Milwaukee, through the University of Wisconsin−MilwaukeeField Station, shall prepare and implement a Downer Woods natu-ral area management and restoration plan to ensure that the con-servation area is managed properly as a natural area.

(b) That portion of Downer Woods designated as permanentlyreserved woodland shall be set aside exclusively for purposes ofcommunity enhancement and relaxation, and any disparate usesto or encroachments upon such land is prohibited except for thepurpose of constructing an addition and providing service toSandburg Hall, which may not exceed 0.75 acres. The board shallgrant a temporary easement sufficient to facilitate the constructionof the addition, and whenever necessary to facilitate the mainte-nance of Sandburg Hall, conditioned upon the ecological restora-tion of the area within the easement.

(c) Those portions of Downer Woods designated as park andwoodland areas under sub. (3) (c) and (e) may be used by the Uni-versity of Wisconsin−Milwaukee as recreational and aestheticcorridors. Any modifications made to such portions of the woodsunder sub. (3) (c) and (e) may not significantly alter the presentcharacter of such land, and any disparate uses to or encroachmentsupon such land are prohibited.

(d) The buildings of the former Downer college shall be pre-served and no portion thereof may be razed without prior approvalof the building commission.

History: 1973 c. 335; 1975 c. 386; 1997 a. 226.

36.40 Use of animals for research purposes. The boardshall adopt criteria for researchers to follow regarding humanetreatment of animals for scientific research purposes.

History: 1983 a. 27.

36.43 Accommodation of religious beliefs. The boardshall promulgate rules providing for the reasonable accommoda-tion of a student’s sincerely held religious beliefs with regard toall examinations and other academic requirements. The rulesshall include all of the following:

(1) Written and timely notification of all students and instruc-tors of the rules and complaint process.

(2) A means by which a student can conveniently and confi-dentially notify an instructor of potential conflicts.

(3) A means by which a student is permitted to make up anexamination or academic requirement at another time or by analternative means without any prejudicial effect.

(4) A procedure for handling and resolving complaints withineach institution.

History: 1991 a. 227; 1997 a. 237.Cross−reference: See also ch. UWS 22, Wis. adm. code.

36.44 License plate scholarship programs. The boardshall establish a scholarship program at each of the institutionsspecified in s. 341.14 (6r) (f) 35. to 47. The program at each insti-tution shall be funded by the fees collected under s. 341.14 (6r) (b)4. for that institution and the scholarships shall be awarded by thechancellor of each institution according to criteria developed bythe chancellor.

History: 1989 a. 31; 2015 a. 55.

36.45 Research funding. (3) By September 1, 1992, andbiennially thereafter by September 1, the board shall report to thegovernor and the joint committee on finance the purpose, dura-tion, cost and anticipated completion date of all research and pub-lic service projects for which the board is expending general pur-pose revenue.

(4) The board shall report annually by September 1 to the jointcommittee on finance the number of research contracts consid-ered under processes established under s. 36.11 (55m) (e) and theoutcome of those contracts.

History: 1991 a. 39; 2013 a. 289; 2015 a. 55.

36.48 Alcohol and other drug abuse prevention andintervention programs. The board shall appoint alcohol andother drug abuse prevention and intervention program counselorsfor the University of Wisconsin−Madison and the University ofWisconsin−Milwaukee. The counselors shall develop alcoholand other drug abuse prevention and intervention programs andtrain faculty, academic staff and university staff in the preventionof and early intervention in alcohol and other drug abuse.

History: 1989 a. 31; 2015 a. 55.

36.49 Environmental program grants and scholar-ships; Wisconsin Merit scholarships. From the appropria-tion under s. 20.285 (1) (rm), the board shall annually do the fol-lowing:

(1) Make need−based grants totaling $100,000 to studentswho are members of underrepresented groups and who areenrolled in a program leading to a certificate or a bachelor’sdegree from the Nelson Institute for Environmental Studies at theUniversity of Wisconsin−Madison.

(2) Provide annual scholarships totaling $100,000 to studentsenrolled in the sustainable management degree program throughthe University of Wisconsin−Extension.

(3) Provide $300,000 to the University of Wisconsin−StevensPoint for environmental programs.

(4) Award the balance in annual scholarships called “Wiscon-sin Merit scholarships,” which shall be based only on merit, to stu-dents who are enrolled in an institution or college campus and whohave either graduated from high school in this state or beengranted a high school diploma by the administrator of a home−based private educational program, as defined in s. 115.001 (3g),in this state. The board shall determine merit based on a perfor-mance on standardized college entrance examinations and, ifapplicable, cumulative high school grade point averages. Anannual scholarship awarded to a student under this subsectionshall equal $5,000. This subsection does not apply beginning onApril 1, 2023.

History: 2009 a. 28; 2011 a. 32; 2017 a. 314; s. 35.17 correction in (4).

36.51 Nutritional improvement for elderly. (1) In thissection:

(a) “Authorized elderly person” means any resident of thisstate who is 60 years of age or older, and the spouse of any suchperson.












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(b) “Institution” includes any private institution of higher edu-cation.

(2) Any college campus or institution approved by the boardmay establish a system to provide the opportunity for authorizedelderly persons to participate in its meal program. If a collegecampus or institution desires to establish such a service, it shalldevelop a plan for the provision of food services for elderly per-sons and submit the plan to the board. Annually, the board shallnotify the department of public instruction of the approved collegecampuses and institutions.

(3) Each plan shall provide at least one meal per day for eachday that school is in regular session. The college campus or insti-tution may provide additional service at other times in its discre-tion, if the number of eligible persons in the area is of sufficientsize, in the opinion of the board, so that unwarranted productionexpense is not incurred.

(4) Any college campus or institution that operates a food ser-vices plan for elderly persons under this section shall make facili-ties available for service to elderly persons at every facility thatprovides hot food service to its students. Upon application, theboard may grant exceptions from compliance with this subsectionfor reasons of safety, convenience or insufficient interest in agiven neighborhood.

(5) Meals may be served at schools where they are served tostudents or at any site more convenient to the majority of autho-rized elderly persons interested in the service. Food may be trans-ported to authorized elderly persons who are unable to leave theirhomes or distributed to nonprofit organizations for such purposes.However, no state funds under this section may be used for fooddelivery to individual homes. The board may require consolida-tion of programs between college campuses and institutions andbetween schools if such a procedure will be convenient and eco-nomical.

(6) The college campus or institution may file a claim with thedepartment of public instruction for reimbursement for reason-able expenses incurred, excluding capital equipment costs, but notto exceed 15 percent of the cost of the meal or 50 cents per meal,whichever is less. Any cost in excess of the lesser amount may becharged to participants. If the department of public instructionapproves the claim, it shall certify that payment is due and the sec-retary of administration shall pay the claim from the appropriationunder s. 20.255 (2) (cn).

(7) All meals served must meet the approval of the board,which shall establish minimum nutritional standards and reason-able expenditure limits consistent with the standards and limitsestablished by the state superintendent of public instruction unders. 115.345 (6). The board shall give special consideration to thedietary problems of elderly persons in formulating a nutritionalplan. However, no college campus or institution may be requiredto provide special foods for individual persons with allergies ormedical disorders.

(8) Participants in a program under this section may berequired to document their Wisconsin residency in a mannerapproved by the board. The board may issue identification cardsto such persons if necessary. A college campus or institution mayadmit nonresidents who would otherwise qualify into its program,but no state funds under this section may be used to subsidize anyportion of the meals served to such persons.

(9) The board shall adopt reasonable rules necessary to imple-ment this section.

History: 1989 a. 269, 359; 1995 a. 27 ss. 1800, 9145 (1); 1997 a. 27, 237; 2003a. 33.

36.52 Reimbursement of pay supplements. Whenevermoneys become available from the federal government to financethe cost of pay and related adjustments for employees of the sys-tem whose positions are wholly or partly funded from federal rev-enue under 7 USC 343 that have been paid from the appropriationunder s. 20.865 (1) (cj) during the same fiscal year in which mon-

eys are expended from that appropriation, the board shall reim-burse the general fund for any expenditures made under s. 20.865(1) (cj) from the appropriate appropriation to the board made fromfederal revenues.

History: 1991 a. 39; 2011 a. 32; 2013 a. 20 ss. 2365m, 9448.

36.55 Reporting employment harassment and dis-crimination claims. By September 1 of each even−numberedyear, the president shall submit a report to the chief clerk of eachhouse for distribution to the legislature under s. 13.172 (2) thatcontains a description of each employment harassment or dis-crimination claim filed against the board or an employee of theboard and resolved in favor of the claimant, the amount of any set-tlement paid to or judgment entered for the claimant and a descrip-tion of any discipline of board employees resulting from the reso-lution of the claim.

History: 1999 a. 9.

36.56 Grants for forestry cooperatives. (1) From theappropriation under s. 20.285 (1) (qm), the center for cooperativesunder s. 36.11 (40) may award grants to persons to form forestrycooperatives under ch. 185 or 193 that consist primarily of private,nonindustrial owners of woodland. A grant recipient shall pro-vide matching funds equal to 50 percent of the grant amountawarded. The match may be in the form of money or in−kind ser-vices or both, but may not include money received from the state.

(2) In each fiscal year, the center for cooperatives may notencumber funds from the appropriation under s. 20.285 (1) (qm)for administrative expenses if the amounts encumbered in that fis-cal year for administrative expenses exceed 5 percent of the totalexpenditures from the appropriation for the fiscal year.

History: 1999 a. 9; 2005 a. 441.

36.58 Veterinary diagnostic laboratory. (1) DUTIES OF

THE VETERINARY DIAGNOSTIC LABORATORY BOARD. The veterinarydiagnostic laboratory board shall do all of the following:

(a) Prescribe policies for the operation of the veterinary diag-nostic laboratory.

(b) Develop biennial budget requests for the veterinary diag-nostic laboratory.

(c) In accordance with sub. (3), set fees for services providedby the veterinary diagnostic laboratory.

(2) DUTIES OF THE VETERINARY DIAGNOSTIC LABORATORY. Theveterinary diagnostic laboratory shall do all of the following:

(a) Operate a laboratory that does all of the following:

1. Provides testing and diagnostic services for all types of ani-mals, including fish, in this state, with emphasis on services forfarm animals.

2. Provides the diagnostic services necessary to meet therequirements for accreditation by the American Association ofVeterinary Laboratory Diagnosticians.

3. Provides the testing and diagnostic services needed by thedepartment of agriculture, trade and consumer protection to dis-charge the department’s responsibilities related to disease controland animal health.

(b) Maintain a regional laboratory in the city of Barron.

(c) In cooperation with the school of veterinary medicine andthe department of agriculture, trade and consumer protection, par-ticipate in research and in the provision of field services, consulta-tion services and education as determined to be appropriate by theveterinary diagnostic laboratory board.

(3) FEES. (a) Except as provided in pars. (b) and (c), the veteri-nary diagnostic laboratory shall charge fees for testing and diag-nostic services.

(b) The veterinary diagnostic laboratory may not charge a feefor any testing or diagnostic service conducted for the subunit ofthe department of agriculture, trade and consumer protection thatis responsible for animal health or for the subunit of the federaldepartment of agriculture that is responsible for animal health.

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https://docs.legis.wisconsin.gov/document/statutes/20.865(1)(cj)










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(c) The veterinary diagnostic laboratory board may identifyservices that are necessary to protect human health and safety forwhich the veterinary diagnostic laboratory may not charge fees.

(3m) APPOINTMENT OF DIRECTOR. After consultation with theveterinary diagnostic laboratory board, the chancellor of the Uni-versity of Wisconsin−Madison shall appoint an individual whohas received the degree of doctor of veterinary medicine as thedirector of the veterinary diagnostic laboratory.

(4) SUBMISSION OF BUDGET. Notwithstanding s. 15.03, theboard of regents of the University of Wisconsin System shall pro-cess and forward to the department of administration all personneland biennial budget requests of the veterinary diagnostic labora-tory board without change.

(6) CONFIDENTIALITY OF PARATUBERCULOSIS RECORDS. Anyinformation kept by the veterinary diagnostic laboratory that iden-tifies the owners of livestock herds infected, or suspected of beinginfected, with paratuberculosis is not subject to inspection orcopying under s. 19.35 except as the veterinary diagnostic labora-tory determines is necessary to protect the public health, safety orwelfare.

(7) CONFIDENTIALITY OF RECORDS RELATING TO AQUACULTURE.

Any information kept by the veterinary diagnostic laboratory thatidentifies the owners of farm−raised fish, as defined in s. 95.001(1) (ah), and that relates to testing results or diagnosis is not sub-ject to inspection or copying under s. 19.35 except as the veteri-nary diagnostic laboratory determines is necessary to protect thepublic health, safety, or welfare.

History: 1999 a. 107; 2011 a. 32, 207; 2013 a. 20 ss. 2365m, 9448.

36.585 Telecommunications and information technol-ogy services. (1) In this section:

(ag) “Interconnection” means linking with a third−party net-work for the mutual exchange of traffic.

(ar) “Telecommunications services” includes data and voiceover Internet protocol services, Internet protocol services, broad-band access and transport, information technology services, Inter-net access services, and unlit fiber.

(b) “Third−party entity” means a company, corporation, non-profit association, joint venture, cooperative, partnership, or con-sortium.

(2) The board may use telecommunications services procuredby the board only for the purpose of carrying out its mission.Except as provided in sub. (3m), the board shall not offer, resell,or provide telecommunications services, that are available froma private telecommunications carrier to the general public or toany other public or private entity.

(3) Except as provided in sub. (3m), beginning July 1, 2013,the board may not be, and shall ensure that no institution or collegecampus is and that the extension is not, a member, shareholder, orpartner in or with any third−party entity or other person that offers,resells, or provides telecommunications services to the generalpublic or to any public or private entity unless at least one of thefollowing applies:

(a) The third−party entity or other person does not offer, resell,or provide telecommunications services that it did not offer, resell,or provide on June 15, 2011, and the third−party entity or otherperson does not offer, resell, or provide telecommunications ser-vices to a private entity, to the general public, or to a public entityother than a university or a university−affiliated research facilityor a facility approved by the joint committee on finance under sub.(4), that the third−party entity was not serving on June 15, 2011.

(b) The third−party entity or other person is comprised entirelyof universities and university−affiliated research facilities.

(3m) (a) In this subsection, “third−party entity” includes theBroadband Optical Research, Education and Sciences Network,Internet2, and the Northern Tier Network Consortium, and doesnot include WiscNet or its affiliates, successors, or assigns.

(b) The board, an institution or college campus, or the exten-sion may serve as a member, shareholder, or partner in or with athird−party entity that satisfies either of the following:

1. The primary purpose of the third−party entity is to advanceacademic research of higher education establishments and theboard, institution, college campus, or extension served as a mem-ber, shareholder, or partner in or with the third−party entity onFebruary 1, 2013.

2. Prior to service as a member, shareholder, or partner, thesecretary of administration issues a determination to the board,institution, college campus, or extension that the primary purposeof the third−party entity is to advance academic research of highereducation establishments.

(c) The board, an institution or college campus, or the exten-sion may use the services of a third−party entity that satisfies par.(b) 1. or 2.

(d) The board, an institution or college campus, or the exten-sion may participate in the operations of, provide telecommunica-tions services for the purpose of interconnection to, or providetechnical support services to, a third−party entity that satisfies par.(b) 1. or 2., but only in connection with the use of services underpar. (c).

(3r) Beginning on January 1, 2014, the board may not do anyof the following:

(a) Employ any individual who is also employed by WiscNetor its affiliates, successors, or assigns.

(b) Allow WiscNet or its affiliates, successors, or assigns tooccupy any facilities owned or leased by the board.

(c) Jointly own any assets or property with WiscNet or its affil-iates, successors, or assigns.

(4) Beginning June 15, 2011, the board may not commit, andshall ensure that no institution or college campus or the extension,commits, any funds received from the National Telecommunica-tions and Information Administration in the federal department ofcommerce related to the Building Community Capacity ThroughBroadband Project grant awarded to the extension to any facilitiesto which such funds were not committed prior to June 15, 2011,without the approval of the joint committee on finance.

History: 2011 a. 32 ss. 970d, 1015x; 2013 a. 20.

36.59 Information technology. (1) STRATEGIC PLAN. (a)The Board of Regents shall require the system and each institutionand college campus to adopt and submit to the board, in a formspecified by the board, no later than March 1 of each year, a strate-gic plan for the utilization of information technology to carry outthe functions of the system, institution, or college campus in thesucceeding fiscal year for review and approval under par. (b).

(b) 1. As a part of each proposed strategic plan submittedunder par. (a), the Board of Regents shall require the system andeach institution and college campus to address the business needsof the system, institution, or college campus and to identify allproposed information technology development projects that servethose business needs, the priority for undertaking such projects,and the justification for each project, including the anticipatedbenefits of the project. Each proposed plan shall identify anychanges in the functioning of the system, institution, or collegecampus under the plan.

2. Each proposed strategic plan shall separately identify theinitiatives that the system, institution, or college campus plans toundertake from resources available to the system, institution, orcollege campus at the time that the plan is submitted and initiativesthat the system, institution, or college campus proposes to under-take that would require additional resources.

3. Following receipt of a proposed strategic plan from the sys-tem or an institution or college campus, the Board of Regentsshall, before June 1, notify the system, institution, or college cam-pus of any concerns that the Board of Regents may have regardingthe plan and provide the system, institution, or college campus



https://docs.legis.wisconsin.gov/document/statutes/95.001(1)(ah)

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https://docs.legis.wisconsin.gov/document/statutes/36.585(3m)(b)1.




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with its recommendations regarding the proposed plan. TheBoard of Regents may also submit any concerns or recommenda-tions regarding any proposed plan to the department of adminis-tration for its consideration. The department of administrationshall then consider the proposed plan and provide the Board ofRegents with its recommendations regarding the plan. The sys-tem, institution, or college campus may submit modifications toits proposed plan in response to any recommendations.

4. Before June 15, the Board of Regents shall consider anyrecommendations provided by the department of administrationunder subd. 3. and shall then approve or disapprove the proposedplan in whole or in part.

5. The system or an institution or college campus may notimplement a new or revised information technology developmentproject authorized under a strategic plan until the implementationis approved by the Board of Regents in accordance with proce-dures prescribed by the board.

6. The Board of Regents shall consult with the joint commit-tee on information policy and technology in providing guidancefor planning by the system and institutions and college campuses.

(c) The Board of Regents shall develop and adopt the follow-ing written policies for information technology development proj-ects included in the strategic plan required of the system and eachinstitution and college campus under par. (a) and that eitherexceed $1,000,000 or that are vital to the functions of the system,institution, or college campus:

1. A standardized reporting format.

2. A requirement that both proposed and ongoing informationtechnology development projects be included.

(d) The Board of Regents shall submit for approval by the jointcommittee on information policy and technology any proposedpolicies required under par. (c) and any proposed revisions to thepolicies.

(2) LARGE, HIGH−RISK PROJECTS. The Board of Regents shallpromulgate:

(a) A definition of and methodology for identifying large,high−risk information technology projects.

(b) Standardized, quantifiable project performance measuresfor evaluating large, high−risk information technology projects.

(c) Policies and procedures for routine monitoring of large,high−risk information technology projects.

(d) A formal process for modifying information technologyproject specifications when necessary to address changes in pro-gram requirements.

(e) Requirements for reporting changes in estimates of cost orcompletion date to the board and the joint committee on informa-tion policy and technology.

(f) Methods for discontinuing projects or modifying projectsthat are failing to meet performance measures in such a way to cor-rect the performance problems.

(g) Policies and procedures for the use of master leases unders. 16.76 (4) to finance new large, high−risk information technol-ogy system costs and maintain current large, high−risk informa-tion technology systems.

(h) A standardized progress point in the execution of large,high−risk information technology projects at which time the esti-mated costs and date of completion of the project is reported to theboard and the joint committee on information policy and technol-ogy.

(3) COMMERCIALLY AVAILABLE PRODUCTS. The Board ofRegents shall promulgate:

(a) A requirement that the system and each institution and col-lege campus review commercially available information technol-ogy products prior to initiating work on a customized informationtechnology development project to determine whether any com-mercially available product could meet the information technol-ogy needs of the system, institution, or college campus.

(b) Procedures and criteria to determine when a commerciallyavailable information technology product must be used and whenthe system or an institution or college campus may consider themodification or creation of a customized information technologyproduct.

(c) A requirement that the system and each institution and col-lege campus submit for approval by the board and prior to initiat-ing work on a customized information technology product a justi-fication for the modification or creation by the system, institution,or college campus of a customized information technology prod-uct.

(4) MASTER LEASES. (a) In this subsection, “master lease” hasthe meaning given under s. 16.76 (4).

(b) Annually, no later than October 1, the Board of Regentsshall submit to the governor and the members of the joint commit-tee on information policy and technology a report documentingthe use by the system and each institution and college campus ofmaster leases to fund information technology projects in the pre-vious fiscal year. The report shall contain all of the followinginformation:

1. The total amount paid under master leases towards infor-mation technology projects in the previous fiscal year.

2. The master lease payment amounts approved to be appliedto information technology projects in future years.

3. The total amount paid by the system and each institutionand college campus on each information technology project forwhich debt is outstanding, as compared to the total financingamount originally approved for that information technology proj-ect.

4. A summary of repayments made towards any master leasein the previous fiscal year.

(5) HIGH−COST PROJECTS. (a) Except as provided in par. (b),the Board of Regents shall include in each contract with a vendorof information technology that involves a large, high−risk infor-mation technology project under sub. (2) or that has a projectedcost greater than $1,000,000, and require the system and eachinstitution and college campus that enters into a contract for mate-rials, supplies, equipment, or contractual services relating toinformation technology to include in each contract with a vendorof information technology that involves a large, high−risk infor-mation technology project under sub. (2) or that has a projectedcost greater than $1,000,000 a stipulation requiring the vendor tosubmit to the board for approval any order or amendment thatwould change the scope of the contract and have the effect ofincreasing the contract price. The stipulation shall authorize theboard to review the original contract and the order or amendmentto determine all of the following and, if necessary, to negotiatewith the vendor regarding any change to the original contractprice:

1. Whether the work proposed in the order or amendment iswithin the scope of the original contract.

2. Whether the work proposed in the order or amendment isnecessary.

(b) The Board of Regents may exclude from a contractdescribed in par. (a) the stipulation required under par. (a) if all ofthe following conditions are satisfied:

1. Including such a stipulation would negatively impact con-tract negotiations or significantly reduce the number of bidders onthe contract.

2. If the exclusion is sought by the system or an institution orcollege campus, the system or that institution or college campussubmits to the board a plain−language explanation of the reasonsthe stipulation was excluded and the alternative provisions thesystem, institution, or college campus will include in the contractto ensure that the contract will be completed on time and withinthe contract budget.

3. The board submits for approval by the joint committee oninformation policy and technology any explanation and alterna-














tive contract provisions required under subd. 2. If, within 14working days after the date that the board submits any explanationand alternative contract provisions required under this subdivi-sion, the joint committee on information policy and technologydoes not contact the board, the explanation and alternative con-tract provisions shall be deemed approved.

(6) OPEN−ENDED CONTRACTS. (a) The Board of Regents shallrequire the system and each institution and college campus thathas entered into an open−ended contract for the development ofinformation technology to submit to the board quarterly reportsdocumenting the amount expended on the information technologydevelopment project. In this subsection, “open−ended contract”means a contract for information technology that includes one orboth of the following:

1. Stipulations that provide that the contract vendor willdeliver information technology products or services but that donot specify a maximum payment amount.

2. Stipulations that provide that the contract vendor shall bepaid an hourly wage but that do not set a maximum limit on thenumber of hours required to complete the information technologyproject.

(b) Compile and annually submit to the joint committee oninformation technology the reports required under par. (a).

(7) REPORTS. No later than March 1 and September 1 of eachyear, the Board of Regents shall submit to the joint committee oninformation policy and technology a report that documents foreach information technology project within the system with anactual or projected cost greater than $1,000,000 or that the boardhas identified as a large, high−risk information technology projectunder sub. (2) (a) all of the following:

(a) Original and updated project cost projections.

(b) Original and updated completion dates for the project andany stage of the project.

(c) An explanation for any variation between the original andupdated costs and completion dates under pars. (a) and (b).

(d) A copy of any contract entered into by the board for theproject and not provided in a previous report.

(e) All sources of funding for the project.

(f) The amount of any funding provided for the project througha master lease under s. 16.76 (4).

(g) Information about the status of the project, including anyportion of the project that has been completed.

(h) Any other information about the project, or related infor-mation technology projects, requested by the joint committee oninformation policy and technology.

(7m) INFORMATION TECHNOLOGY REPORTS. The Board ofRegents shall prepare and submit reports to the joint committee oninformation policy and technology upon request of the committeeunder s. 13.58 (5) (b) 3.

(8) COMPUTER SERVICES DATA COLLECTION. The Board ofRegents shall collect and maintain data necessary to calculatenumerical measures of the efficiency and effectiveness of themainframe computer services provided by the board at the Uni-versity of Wisconsin−Madison.

History: 2007 a. 20 ss. 731m, 731p, 736x; 2009 a. 180; 2015 a. 55.

36.60 Physician and dentist loan assistance program.(1) DEFINITIONS. In this section:

(ac) “Clinic hours” means hours spent working with patientsin a clinic.

(ad) “Dental health shortage area” means an area that is desig-nated by the federal department of health and human servicesunder 42 CFR part 5, appendix B, as having a shortage of dentalprofessionals.

(ae) “Dentist” means a dentist, as defined in s. 447.01 (7), whois licensed under ch. 447 and who practices general or pediatricdentistry.

(ag) “Eligible practice area” means a primary care shortagearea, a mental health shortage area, an American Indian reserva-tion or trust lands of an American Indian tribe.

(aj) “Health professional shortage area” means an area that isdesignated by the federal department of health and human ser-vices under 42 CFR part 5, appendix A, as having a shortage ofmedical care professionals.

(ap) “Mental health shortage area” means an area that is desig-nated by the federal department of health and human servicesunder 42 CFR part 5, appendix C, as having a shortage of psychiat-ric professionals, excluding a state or federal prison and a state orcounty mental hospital.

(b) “Physician” means a physician, as defined in s. 448.01 (5),who specializes in family practice, general internal medicine, gen-eral pediatrics, obstetrics and gynecology, or psychiatry.

(cm) “Primary care shortage area” means an area that is in aprimary care health professional shortage area as determined bythe federal department of health and human services under 42CFR part 5, appendix A, excluding a state or federal prison.

(d) “Rural area” has the meaning given in s. 36.63 (1) (c).

(2) ELIGIBILITY. (a) 1. Except as provided in subd. 2., theboard may repay, on behalf of a physician or dentist, up to $50,000in educational loans obtained by the physician or dentist from apublic or private lending institution for education in an accreditedschool of medicine or dentistry or for postgraduate medical ordental training.

2. The board may repay, on behalf of a physician who agreesunder sub. (3) to practice in a rural area, up to $100,000 in educa-tional loans obtained by the physician from a public or privatelending institution for education in an accredited school of medi-cine or for postgraduate medical training.

(b) A physician or dentist who is a participant in the nationalhealth service corps scholarship program under 42 USC 254n, ora physician or dentist who was a participant in that program andwho failed to carry out his or her obligations under that program,is not eligible for loan repayment under this section.

(3) AGREEMENT. (a) The board shall enter into a written agree-ment with the physician, in which the physician agrees to practiceat least 32 clinic hours per week for 3 years in one or more eligiblepractice areas in this state or in a rural area, except that a physicianspecializing in psychiatry may only agree to practice psychiatryin a mental health shortage area or in a rural area and a physicianin the expanded loan assistance program under sub. (9) may onlyagree to practice at a public or private nonprofit entity in a healthprofessional shortage area. The physician shall also agree to carefor patients who are insured or for whom health benefits are pay-able under medicare, medical assistance, or any other governmen-tal program.

(am) The board shall enter into a written agreement with thedentist, in which the dentist agrees to practice at least 32 clinichours per week for 3 years in one or more dental health shortageareas in this state or in a rural area. The dentist shall also agree tocare for patients who are insured or for whom dental health bene-fits are payable under medicare, medical assistance, or any othergovernmental program.

(b) The agreement shall specify that the responsibility of theboard to make the payments under the agreement is subject to theamount of funds transferred to the board under s. 20.505 (8) (hm)6r., the contributions received and penalties assessed by the board,and the appropriation under s. 20.285 (1) (qj).

(4) LOAN REPAYMENT. Except as provided in sub. (4m), princi-pal and interest due on loans, exclusive of any penalties, may berepaid by the board at the following rate:

(a) Up to 40 percent of the principal of the loan or $20,000,whichever is less, during the first year of participation in the pro-gram under this section.










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(b) Up to an additional 40 percent of the principal of the loanor $20,000, whichever is less, during the 2nd year of participationin the program under this section.

(c) Up to an additional 20 percent of the principal of the loanor $10,000, whichever is less, during the 3rd year of participationin the program under this section.

(4m) LOAN REPAYMENT; RURAL PHYSICIANS. If a physicianagrees under sub. (3) to practice in a rural area, principal and inter-est due on the loan, exclusive of any penalties, may be repaid bythe board at the following rate:




(5) AVAILABILITY OF FUNDS; RIGHT OF ACTION AGAINST STATE.

(a) The obligation of the board to make payments under an agree-ment entered into under sub. (3) (b) is subject to the amount offunds transferred to the board under s. 20.505 (8) (hm) 6r., the con-tributions received and penalties assessed by the board, and theappropriation under s. 20.285 (1) (qj).

(b) If the cost of repaying the loans of all eligible applicants,when added to the cost of loan repayments scheduled under exist-ing agreements, exceeds the total amount of funds transferred tothe board under s. 20.505 (8) (hm) 6r., the contributions receivedand penalties assessed by the board, and the appropriation unders. 20.285 (1) (qj), the board shall establish priorities among the eli-gible applicants based upon the following considerations:

1. The degree to which there is an extremely high need formedical care in the eligible practice area, health professionalshortage area, or rural area in which a physician desires to practiceand the degree to which there is an extremely high need for dentalcare in the dental health shortage area or rural area in which a den-tist desires to practice.

2. The likelihood that a physician will remain in the eligiblepractice area, health professional shortage area, or rural area, andthat a dentist will remain in the dental health shortage area or ruralarea, in which he or she desires to practice after the loan repaymentperiod.

3. The per capita income of the eligible practice area, healthprofessional shortage area, or rural area in which a physiciandesires to practice and of the dental health shortage area or ruralarea in which a dentist desires to practice.

4. The financial or other support for physician recruitmentand retention provided by individuals, organizations, or local gov-ernments in the eligible practice area, health professional shortagearea, or rural area in which a physician desires to practice and fordentist recruitment and retention provided by individuals, organi-zations, or local governments in the dental health shortage area orrural area in which a dentist desires to practice.

5. The geographic distribution of the physicians and dentistswho have entered into loan repayment agreements under this sec-tion and the geographic distribution of the eligible practice areas,health professional shortage areas, dental health shortage areas,and rural areas in which the eligible applicants desire to practice.

6. Other considerations that the board may specify by rule.

(d) An agreement under sub. (3) does not create a right ofaction against the state on the part of the physician, dentist, orlending institution for failure to make the payments specified inthe agreement.

(6) LOCAL PARTICIPATION. The board shall encourage contribu-tions to the program under this section by counties, cities, villages,and towns.

(6m) PENALTIES. The board shall, by rule, establish penaltiesto be assessed by the board against physicians and dentists whobreach agreements entered into under sub. (3). The rules shall doall of the following:

(a) Specify what actions constitute a breach of the agreement.

(b) Provide specific penalty amounts for specific breaches.

(c) Provide exceptions for certain actions, including breachesresulting from death or disability.

(8) ADMINISTRATION. The board shall do all of the following:

(b) Identify eligible practice areas and rural areas with anextremely high need for medical care and dental health shortageareas and rural areas with an extremely high need for dental care.

(d) Publicize the program under this section to physicians,dentists, and eligible communities.

(e) Assist physicians and dentists who are interested in apply-ing for the program under this section.

(f) Assist communities in obtaining physicians’ and dentists’services through the program under this section.

(g) Make recommendations to the governor on all of the fol-lowing:

1. Ways to improve the delivery of health care to persons liv-ing in rural areas of the state that constitute shortage areas.

2. Ways to help communities evaluate and utilize the linkagebetween rural health facilities and economic development.

3. Coordination of state and federal programs available toassist rural health care service delivery.

4. Strengthening coordination and maintenance of rural ser-vices and the delivery system.

5. Development of mechanisms to reduce shortages of healthcare providers in rural areas.

(h) Notwithstanding subs. (3) (b) and (5) (a) and (b), ensurethat moneys appropriated under s. 20.285 (1) (qj) are used underthis section only to repay loans on behalf of physicians and den-tists who agree to practice in a rural area.

(9) EXPANDED LOAN ASSISTANCE PROGRAM. The board mayagree to repay loans as provided under this section on behalf of aphysician or dentist under an expanded physician and dentist loanassistance program that is funded through federal funds in addi-tion to state matching funds. To be eligible for loan repaymentunder the expanded physician and dentist loan assistance pro-gram, a physician or dentist must fulfill all of the requirements forloan repayment under this section, as well as all of the following:

(a) The physician or dentist must be a U.S. citizen.

(b) The physician or dentist may not have a judgment lienagainst his or her property for a debt to the United States.

(c) The physician or dentist must agree to do all of the follow-ing:

1. Accept medicare assignment as payment in full for servicesor articles provided.

2. Use a sliding fee scale or a comparable method of determin-ing payment arrangements for patients who are not eligible formedicare or medical assistance and who are unable to pay the cus-tomary fee for the physician’s or dentist’s services.

3. Practice at a public or private nonprofit entity in a healthprofessional shortage area, if a physician, or in a dental healthshortage area, if a dentist.

History: 2009 a. 28 ss. 747s, 3035 to 3045; Stats. 2009 s. 36.60; 2009 a. 190, 276;2011 a. 32.


36.61 Health care provider loan assistance program.(1) DEFINITIONS. In this section:

(ac) “Clinic hours” has the meaning given in s. 36.60 (1) (ac).

(ad) “Council” means the rural health development council.

(ag) “Dental health shortage area” has the meaning given in s.36.60 (1) (ad).














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(aj) “Dental hygienist” means an individual licensed under s.447.04 (2).

(am) “Eligible practice area” means a primary care shortagearea, an American Indian reservation, or trust lands of an Ameri-can Indian tribe, except that with respect to a dental hygienist “eli-gible practice area” means a dental health shortage area.

(b) “Health care provider” means a dental hygienist, physicianassistant, nurse−midwife, or nurse practitioner.

(bp) “Health professional shortage area” has the meaninggiven in s. 36.60 (1) (aj).

(d) “Primary care shortage area” has the meaning given in s.36.60 (1) (cm).

(e) “Rural area” has the meaning given in s. 36.63 (1) (c).

(2) ELIGIBILITY. The board may repay, on behalf of a healthcare provider, up to $25,000 in educational loans obtained by thehealth care provider from a public or private lending institution foreducation related to the health care provider’s field of practice, asdetermined by the board with the advice of the council.

(3) AGREEMENT. (a) The board shall enter into a written agree-ment with the health care provider. In the agreement, the healthcare provider shall agree to practice at least 32 clinic hours perweek for 3 years in one or more eligible practice areas in this stateor in a rural area, except that a health care provider in the expandedloan assistance program under sub. (8) who is not a dental hygien-ist may only agree to practice at a public or private nonprofit entityin a health professional shortage area.

(b) The agreement shall specify that the responsibility of theboard to make the payments under the agreement is subject to theamount of funds transferred to the board under s. 20.505 (8) (hm)6r., the contributions received and penalties assessed by the board,and the appropriation under s. 20.285 (1) (qj).

(4) LOAN REPAYMENT. Principal and interest due on loans,exclusive of any penalties, may be repaid by the board at the fol-lowing rate:




(5) AVAILABILITY OF FUNDS; RIGHT OF ACTION AGAINST STATE.

(a) The obligation of the board to make payments under an agree-ment entered into under sub. (3) is subject to the amount of fundstransferred to the board under s. 20.505 (8) (hm) 6r., the contribu-tions received and penalties assessed by the board, and the appro-priation under s. 20.285 (1) (qj).

(b) If the cost of repaying the loans of all eligible applicants,when added to the cost of loan repayments scheduled under exist-ing agreements, exceeds the total amount of funds transferred tothe board under s. 20.505 (8) (hm) 6r., the contributions receivedand penalties assessed by the board, and the appropriation unders. 20.285 (1) (qj), the board shall establish priorities among the eli-gible applicants based upon the following considerations:

1. The degree to which there is an extremely high need formedical care in the eligible practice area, health professionalshortage area, or rural area in which an eligible applicant who isnot a dental hygienist desires to practice and the degree to whichthere is an extremely high need for dental care in the dental healthshortage area or rural area in which an eligible applicant who is adental hygienist desires to practice.

2. The likelihood that an eligible applicant will remain in theeligible practice area, health professional shortage area, or ruralarea in which he or she desires to practice after the loan repaymentperiod.

3. The per capita income of the eligible practice area, healthprofessional shortage area, or rural area in which an eligible appli-cant desires to practice.

4. The financial or other support for health care providerrecruitment and retention provided by individuals, organizationsor local governments in the eligible practice area, health profes-sional shortage area, or rural area in which an eligible applicantdesires to practice.

5. The geographic distribution of the health care providerswho have entered into loan repayment agreements under this sec-tion and the geographic location of the eligible practice area,health professional shortage area, or rural area in which an eligibleapplicant desires to practice.

6. Other considerations that the board may specify by rule.

(c) An agreement under sub. (3) does not create a right ofaction against the state on the part of the health care provider orthe lending institution for failure to make the payments specifiedin the agreement.

(6) LOCAL PARTICIPATION. The board shall encourage contribu-tions to the program under this section by counties, cities, villagesand towns.

(6m) PENALTIES. The board shall, by rule, establish penaltiesto be assessed by the board against health care providers whobreach an agreement entered into under sub. (3) (a). The rulesshall do all of the following:

(a) Specify what actions constitute a breach of the agreement.

(b) Provide specific penalty amounts for specific breaches.

(c) Provide exceptions for certain actions, including breachesresulting from death or disability.

(7) ADMINISTRATION. The board shall do all of the following:

(a) Identify communities with an extremely high need forhealth care, including dental health care.

(b) Publicize the program under this section to health care pro-viders and eligible communities.

(c) Assist health care providers who are interested in applyingfor the program under this section.

(d) Assist communities in obtaining the services of health careproviders through the program under this section.

(e) Notwithstanding subs. (3) (b) and (5) (a) and (b), ensurethat moneys appropriated under s. 20.285 (1) (qj) are used underthis section only to repay loans on behalf of health care providerswho agree to practice in a rural area.

(8) EXPANDED LOAN ASSISTANCE PROGRAM. The board mayagree to repay loans as provided under this section on behalf of ahealth care provider under an expanded health care provider loanassistance program that is funded through federal funds in addi-tion to state matching funds. To be eligible for loan repaymentunder the expanded health care provider loan assistance program,a health care provider must fulfill all of the requirements for loanrepayment under this section, as well as all of the following:

(a) The health care provider must be a U.S. citizen.

(b) The health care provider may not have a judgment lienagainst his or her property for a debt to the United States.

(c) The health care provider must agree to do all of the follow-ing:

1. Accept medicare assignment as payment in full for servicesor articles provided.

2. Use a sliding fee scale or a comparable method of determin-ing payment arrangements for patients who are not eligible formedicare or medical assistance and who are unable to pay the cus-tomary fee for the health care provider’s services.

3. Practice at a public or private nonprofit entity in a healthprofessional shortage area, if the health care provider is not a den-


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tal hygienist, or in a dental health shortage area, if the health careprovider is a dental hygienist.

History: 2009 a. 28 ss. 3046 to 3056; Stats. 2009 s. 36.61; 2009 a. 190, 276; 2011a. 32.


36.62 Rural health development council. The ruralhealth development council created under s. 15.917 (1) shall doall of the following:

(1) Advise the board on matters related to the physician anddentist loan assistance program under s. 36.60 and the health careprovider loan assistance program under s. 36.61.

(2) Advise the board on the amount, up to $25,000, to berepaid on behalf of each health care provider who participates inthe health care provider loan assistance program under s. 36.61.

History: 2009 a. 28 s. 3057; Stats. 2009 s. 36.62.

36.63 Rural physician residency assistance program.(1) In this section:

(a) “Department” means the department of family medicine inthe University of Wisconsin School of Medicine and PublicHealth.

(b) “Physician” means a physician, as defined in s. 448.01 (5),who specializes in family practice, general surgery, internal medi-cine, obstetrics, pediatrics or psychiatry.

(c) “Rural area” means any of the following:

1. A city, town, or village in this state that has a population ofless than 20,000 and that is at least 15 miles from any city, town,or village that has a population of at least 20,000.

2. An area in this state that is not an urbanized area, as definedby the federal bureau of the census.

(2) (a) The department shall establish and support physicianresidency positions to which one of the following applies:

1. The residency position is in a hospital that is located in arural area or in a clinic staffed by physicians who admit patientsto a hospital located in a rural area.

2. The residency position includes a rural rotation, begun afterJune 30, 2010, which consists of at least 8 weeks of training expe-rience in a hospital that is located in a rural area or in a clinicstaffed by physicians who admit patients to a hospital located ina rural area.

(b) In establishing and supporting residency positions underpar. (a), the department shall give preference to residency pro-grams that actively recruit graduates of the University of Wiscon-sin School of Medicine and Public Health and the Medical Collegeof Wisconsin.

(3) Annually by December 1, the department shall submit aplan for increasing the number of physician residency programsthat include a majority of training experience in a rural area to theRural Wisconsin Health Cooperative, the Wisconsin HospitalAssociation, and the Wisconsin Medical Society. The plan shallinclude a detailed proposed budget for expending the moneysappropriated to the board under s. 20.285 (1) (qe) and demonstratethat the moneys do not supplant existing funding. The departmentshall consider comments made by the organizations in formulat-ing its final budget.

(4) Annually by December 1, the department shall submit tothe joint committee on finance a report that includes all of the fol-lowing:

(a) The number of physician residency positions that existedin the 2009−10 fiscal year, and in each fiscal year beginning afterJuly 1, 2010, that included a majority of training experience in arural area.

(b) 1. The number of such physician residency positionsfunded in whole or in part under this section in the previous fiscalyear.

2. The eligibility criteria met by each such residency positionand the hospital or clinic with which the position is affiliated.

3. The medical school attended by the physician filling eachsuch residency position.

4. The year the Accreditation Council for Graduate MedicalEducation certified the residency position.

5. The reason the residency position had not been funded.History: 2009 a. 190.

36.64 Office of educational opportunity. (1) The boardshall create the office of educational opportunity within the sys-tem.

(2) The office of educational opportunity shall evaluate pro-posals for contracts under s. 118.40 (2x), monitor pupil academicperformance at charter schools authorized under s. 118.40 (2x),and monitor the overall operations of charter schools authorizedunder s. 118.40 (2x).

(3) The director of the office of educational opportunity is thespecial assistant to the president appointed under s. 36.09 (2) (c).

(4) The director of the office of educational opportunity maydo any of the following:

(a) Appoint up to 2 associate directors.

(b) Form advisory councils to make recommendations relatedto authorizing charter schools under s. 118.40 (2x).

(c) Collaborate with chancellors, faculty, academic staff, andstudents within the system.

(d) Solicit private gifts and grants for charter schools estab-lished under s. 118.40 (2x).

(5) The director of the office of educational opportunity shallreport to the board any private gift or grant received by the officeof educational opportunity and how the director intends to use theprivate gift or grant.

History: 2015 a. 55; 2017 a. 59.

36.65 Annual reports. (1) DEFINITION. In this section,“chancellor” means the chancellor of the University of Wiscon-sin−Madison.

(2) REPORTS. Annually, the board and the chancellor shalleach submit an accountability report to the governor and to thelegislature under s. 13.172 (2). The reports shall include all of thefollowing information, the board’s report with respect to the sys-tem other than the University of Wisconsin−Madison, and thechancellor’s report with respect to the University of Wisconsin−Madison:

(a) Performance. The graduation rate, the total number ofgraduates, the time needed to graduate, the number of creditsneeded to obtain a degree, the number of degrees awarded in fieldsspecified in s. 36.25 (52) (a) 2. a., retention rates, placement ofgraduates, and the percentage of residents and nonresidents whoreside in this state 10 years after graduation.

(b) Financial. Financial reports from each institution and eachcollege campus, prepared using generally accepted accountingprinciples.

(c) Access and affordability. A profile of enrolled students,including mean per capita family income, the percentage of resi-dent and nonresident students who are low−income, the percent-age of resident and nonresident students who are members ofminority groups, the number of transfers from other institutionsand other colleges within this state, a description of any improve-ments made in the transfer of credit between institutions of highereducation, the number of high school pupils who have earnedcredit, the published cost for resident students and the actual costfor resident students once financial aid is subtracted, and increasesin available institutional financial aid for students with a demon-strated need.

(d) Undergraduate education. The extent of access to requiredcourses and to popular majors, the majors offered, improvementsin overall student experience, efforts to close the achievement gapbetween majority and underrepresented minority students, the

















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number of undergraduate students participating in internships orcooperative work experiences, and post−graduation success.

(dm) Teaching hours. Aggregate data on teaching hoursreported under s. 36.115 (8) (a) 1.

(e) Graduate and professional education. The number ofgraduate degrees awarded; the number of professional graduatesin key areas, including physicians, nurses, business, engineers,pharmacists, veterinarians, and lawyers; the number of graduatestudents participating in internships or cooperative work experi-ences; and incentives provided for remaining in this state aftergraduation.

(f) Faculty. A profile of the faculty, including faculty teachingloads, success or failure in recruiting and retaining scholars, andteachers who are rated at the top of their fields.

(g) Economic development. The amount and source ofresearch funds and other new revenue brought into the state, thenumber of government contracts received, the number of researchprojects in progress or completed, the number of patents andlicenses for system inventions, the number of new businesses cre-ated or spun off, the number of secondary businesses affiliatedwith the system or system−sponsored research projects, supportprovided to existing industries throughout the state, job growthfrom support to existing industries and new businesses, the num-ber of jobs created in campus areas, the number of jobs createdstatewide, a comparison of economic indicators for campus andother areas, and a description of the economic development pro-grams, as defined in s. 36.11 (29r) (a), that have been undertaken.

(h) Collaboration. Partnerships and collaborative relation-ships with system administration and institutions.

(i) Incentive grants. The goals, results, and budget for eachprogram for which the board awarded a grant under s. 36.25 (52)and a summary of this information.

(3) CORE GENERAL EDUCATION CREDIT TRANSFERS. The boardshall include in the report required under sub. (2) a description ofthe agreement entered into under s. 36.31 (2m) and a summary ofthe board’s implementation of the agreement. This subsectionfirst applies to the report required under sub. (2) that applies to the2014−15 academic year.

(4) FEES. Annually by October 15, the board shall submit areport to the joint committee on finance and the joint legislativeaudit committee that lists all fees, including academic fees,tuition, segregated fees, and any other fees, that are charged to stu-dents at each institution and college campus and the amount bywhich the fees have increased in each of the preceding 5 years.

(5) REMEDIAL COURSE REPORTS. (a) In this subsection:

1. “High school” means a school in this state in which the highschool grades are taught, including a school classified as a seniorhigh school under s. 115.01 (2).

2. “Placement test” means an English or mathematics place-ment test that is required upon a student’s admission to the system.

3. “School” means a public school, including a charter school,as defined in s. 115.001 (1), and a private school, as defined in s.115.001 (3r).

4. “Student” means a student who is admitted to the systemimmediately following high school graduation.

(b) By September 1 of each year, the system administrationshall do all of the following:

1. Determine the high schools with more than 6 students who,based on their performance on placement tests in the preceding 12months, are required to take remedial courses in English or mathe-matics.

2. Submit a report to the appropriate standing committees ofthe legislature under s. 13.172 (3) and state superintendent of pub-lic instruction that identifies the high schools determined undersubd. 1. and, for each high school so identified, the number of stu-dents who, based on their performance on placement tests in thepreceding 12 months, are required to take remedial courses in

English or mathematics. The system administration may not dis-close in the report the identity of any student who is required totake a remedial course.

(c) Upon receipt of a report submitted under par. (b) 2., the statesuperintendent of public instruction shall provide a copy of thereport to each school board.

(6) ACCOUNTABILITY DASHBOARD. (a) In this subsection,“accountability dashboard” means the accountability dashboardthat the board publishes on the system’s Internet site.

(b) The board shall publish aggregate data on teaching hoursreported under s. 36.115 (8) (a) 1. on the accountability dashboard.The board shall make accessible via links on the accountabilitydashboard the teaching hours reported by individual faculty andacademic staff members under s. 36.115 (8) (a) 1.

History: 2011 a. 32; 2013 a. 20; 2015 a. 28; 2017 a. 59.

36.66 Grants to meet emergency financial need. (1) Inthis section:

(a) “Eligible student” means a student enrolled in a collegecampus whose expected family contribution, as defined in s.39.437 (3) (a), is less than $5,000.

(b) “Financial emergency” means an unplanned event causingan unanticipated expense, such as charges for medical treatmentor vehicle repair, that would cause an eligible student to not com-plete that term if a grant were not available to cover the expense,but does not include such expenses as those for tuition, textbooks,student fees, alcohol or tobacco, groceries, entertainment, legalservices, or fines or forfeitures resulting from legal violations.

(2) From the appropriation under s. 20.285 (1) (e), no laterthan September 1, 2016, and by September 1 of each year thereaf-ter, the board shall distribute funds to the college campuses forpayment of grants under this section. These funds may not be usedby the college campuses for any other purpose. The amount dis-tributed by the board to each college campus shall be determinedby the board based on the anticipated need and demand for grantsat each college campus.

(3) (a) Subject to pars. (b) to (d), each college campus mayaward grants to eligible students to pay the student’s expenseresulting from a financial emergency. In evaluating a grant appli-cation, the college campus shall, in its discretion and based on itsbest judgment, determine whether the student has incurred a legit-imate financial emergency.

(b) No grant may be awarded to a student unless the studenthas submitted with the grant application written proof, such as abill, identifying the nature and amount of the expense and the 3rdparty to whom this amount is owed.

(c) A college campus may not award more than 2 grants underthis section to the same student in any academic year. The totalof all grants made to a student under this section in the same aca-demic year may not exceed $500.

(d) A grant under this section may not be disbursed in cash.The grant funds shall be disbursed in any of the following ways:

1. By check made payable to the student and delivered to thestudent.

2. By check made payable to the 3rd party identified underpar. (b) and delivered to the 3rd party or to the student.

3. By electronic fund transfer or other electronic deposit to anaccount maintained by the student at a financial institution.

(4) Each college campus shall create or adopt a brief applica-tion process and designate an employee with the authority to dis-burse the grant funds to eligible students. A decision on a grantapplication, and disbursement of grant funds to a student if a grantis awarded, shall be made within 5 business days of the student’sapplication.

(5) If a student applies for a 2nd grant under this section withinthe same academic year, a college campus shall require the studentto undergo a financial counseling session with a financial aid pro-fessional before the grant may be awarded.









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(6) (a) Each college campus shall collect, for each academicyear, the following information related to the grant program underthis section:

1. The number of grants awarded.

2. The number of grant requests denied.

3. The number of students receiving grants.

4. The total amount of grant money awarded.

5. The total amount of grant money available but not awarded.

6. The number of students who received a grant and com-pleted their degree or credential.

7. The number of students who received a grant and trans-ferred to another postsecondary institution.

8. The number of students who received a grant and did notcomplete the term in which the grant was awarded.

9. The types of expenses for which students requested grants.

(b) By June 30, 2017, and by June 30 of each year thereafter,each college campus shall report to the board the information col-lected under par. (a), for the academic year ending in that calendaryear, and the board shall submit a report of this information to thechief clerk of each house of the legislature, for distribution to theappropriate standing committees under s. 13.172 (3) having juris-diction over matters relating to colleges and universities.

History: 2015 a. 282.

36.68 The Tommy G. Thompson Center on PublicLeadership. (1) DEFINITIONS. In this section:

(a) “Board” means the public leadership board.

(b) “Center” means the Tommy G. Thompson Center on PublicLeadership.

(2) MISSION. There is created at the University of Wisconsin−Madison the Tommy G. Thompson Center on Public Leadershipthat has as its mission the facilitation of research, teaching, out-reach, and needed policy reforms regarding effective public lead-ership that improves the practice of American government. Thecenter shall endeavor to carry out its mission throughout all theuniversities of the system.

(3) DIRECTOR. Upon the joint recommendation of the chancel-lor of the University of Wisconsin−Madison and the dean of theCollege of Letters and Science at the University of Wisconsin−Madison, the board shall appoint a director of the center for a3−year term.

(4) POWERS. The center may do any of the following:

(a) Make grants to support faculty research that objectivelystudies public leadership in American political and legal institu-tions, policy making, and policy implementation.

(b) Conduct an annual competitive grant contest for encourag-ing faculty research described in par. (a) that has direct and urgentrelevance for the state of Wisconsin.

(c) Publicize the findings of the research that is supported bythe center.

(d) Foster public debate over critical issues regarding effectivepublic leadership and facilitate dialogue between academics andpolicy makers on those issues.

(e) Conduct and promote programs and events that bringtimely political and policy issues to the attention of larger audi-ences.

(f) Take any other action that is consistent with the mission ofthe center.

(5) SPEAKING ENGAGEMENTS. In each fiscal year, not less than$500,000 of the amount appropriated under s. 20.285 (1) (b) shallbe allocated by the board for speaking engagements sponsored bythe center at campuses other than the University of Wisconsin−Madison campus.

(6) EXPENDITURES. The director of the center shall propose anannual budget itemizing expenditures of the moneys appropriatedunder s. 20.285 (1) (b), including expenditures for grants to pro-posed recipients, which shall be subject to the approval of theboard. Upon approval by the board, the director may make sub-stantive changes to the annual budget only with the subsequentapproval of the board.

History: 2017 a. 59.








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